The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to withdraw its offer to buy Mr X’s home. This is because an investigation is unlikely to find fault with the Council’s actions.
The complaint
Mr X complained the Council offered to buy his home but later retracted the offer.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council offered to buy his home as part of its buyback scheme, then retracted the offer after changing its policy. Mr X said he incurred financial loss due to the Council’s actions.
The Council did not uphold Mr X’s complaint. The Council said it retracted the offer before completing contracts with Mr X and he had therefore incurred the financial loss at his own risk.
Mr X wants us to find the Council at fault. The evidence shows the Council withdrew its offer before it was contractually bound to buy Mr X’s property. It was entitled to take this action. An investigation would be unlikely to find fault with the Council’s actions.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman