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Charnwood Borough Council (202017121)

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REPORT

COMPLAINT 202017121

Charnwood Borough Council

10 August 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 complaint is about the Council’s handling of a Right to Buy (RTB) application; including its failure to disclose the Pre-Cast Reinforced Concrete (PRC) construction of the building in the early stage of the RTB process.

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. On 26 March 2021, the resident contacted this Service to advise that they were having difficulty with a RTB application. They explained that the Council had failed to disclose that the property was constructed using Pre-Cast Reinforced Concrete (PRC). They also explained that their mortgage lender had withdrawn its offer upon receipt of this information and that the Council’s failure to disclose the information sooner had caused them financial loss. The resident explained that they made a formal complaint to the Council about the matter and that they were awaiting its final response. We subsequently advised them to contact us upon receipt of the final response.
  2. On 22 April 2021, the resident contacted this Service and explained that the Council had asked for an extension to provide its response. They also explained that they were seeking for the Council to provide a suitable two-bedroom property, or a refund of the money they had paid for conveyancing as part of the RTB process. We advised the resident to await the Council’s response and to contact us if there were further delays. We also explained that their complaint may fall within the jurisdiction of the Local Government and Social Care Ombudsman (LGSCO), and that we would make a decision regarding this upon receipt of the Council’s final response. The resident explained that they had already contacted the LGSCO and that it had referred them to this Service.
  3. On 27 April 2021, the Council provided its final response. It explained that the resident had applied to purchase the property in August 2020 and that they were not made aware of its PRC construction until 11 February 2021. The Council acknowledged that its failure to disclose the property’s PRC construction sooner had caused the resident to continue pursuing their RTB application without the full facts. And that this had contributed to the financial losses that the resident incurred. It subsequently offered £150 compensation for the distress and inconvenience caused, and a further £350 to cover some expenses that the resident had incurred during the conveyancing process.
  4. On 28 April 2021, the resident contacted this Service and explained that they were unhappy with the Council’s final response. They subsequently sent us a copy of the final response. They also sent us a copy of their correspondence to the Council in which they explained that they were unhappy that the Council failed to disclose the PRC construction of the property sooner. And that this had contributed to their mortgage offer being withdrawn and them losing money they had paid towards conveyancing. 

Reasons

  1. Paragraph 39 of the Scheme states that the Ombudsman will not investigate complaints which;

(m) fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body;

  1. The Housing Ombudsman considers complaints about housing associations and the landlord function of local authorities. Council’s carry out a wide range of issues relating to housing, some are carried out in its capacity as a landlord and others in its capacity as a local authority. The sale or disposal of Council property concerns the Council’s function as a local authority. Consequently, complaints about the RTB process concern the Council’s actions as a local authority and is therefore not within the Housing Ombudsman’s remit to consider.
  2. This Service cannot consider complaints about the action of a local authority as they are a matter for the Local Government and Social Care Ombudsman. The contact details for the LGSCO are as follows:
  3. https://www.lgo.org.uk/       0300 061 0614
  4. I note from the resident’s contact with us on 22 April 2021 that they had referred their complaint to the LGSCO which subsequently advised them to bring the matter to this Service. However, please be advised that this is incorrect and that the resident will need to pursue the matter with the LGSCO.