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Redditch Borough Council (202010803)

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REPORT

COMPLAINT 202010803

Redditch Borough Council

01 March 2021


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The resident is unhappy about delays to the completion of the Right To Buy process caused by a historical boundary error – resulting in extra costs to the resident.

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. In August 2019, the resident applied to buy their property under the Right To Buy scheme. This was agreed with the council over the following weeks.
  2. The resident’s solicitors provided an expected completion date to the council in January 2020. The resident states that at this point the council made them and their solicitors aware of a boundary issue with the neighbouring property.
  3. The council contacted the residents of the neighbouring property in November 2019 to try and rectify this, however the issue is ongoing.
  4. The resident submitted a complaint to the council concerning its handling of their Right to Buy application on 18 August 2020. The council provided its final response on 18 December 2020, setting out that it had done all it could to resolve the matter and would continue to update the resident and their solicitor.
  5. The council referred the resident to the Local Government and Social Care Ombudsman if she was unhappy with the outcome of her complaint.
  6. On 21 December 2020, the resident brought her complaint to the Housing Ombudsman, explaining that she feels she is owed compensation for the delays and financial costs incurred as a result of the boundary error delaying the Right to Buy process.

Reasons

  1. Paragraph 39 (m) of the Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body.
  2. Complaints about the Right to Buy process concern the council’s actions as a local authority in relation to the disposal or sale of its assets – rather than their actions as the resident’s landlord. The Local Government and Social Care Ombudsman are best placed to deal with complaints about local authorities and the right to buy scheme.
  3. In accordance with paragraph 39 (m) of the Scheme, this Service cannot consider the resident’s complaint as it is best dealt with by the Local Government and Social Care Ombudsman.