Overview
Mr C complained about the sale of land owned by Comhairle nan Eilean Siar (the Council) and on which he had a loom shed (the Shed). Mr C considered there was no proper consultation surrounding the sale. He was also unhappy that he was not given the opportunity to purchase the land and was served with a notice to demolish the Shed. In addition, Mr C said that he had found it difficult to have his complaints considered by the Council.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the sale of the land was not carried out appropriately by the Council (partially upheld);
- (b) Mr C should not have been served with the notice to demolish the Shed (not upheld); and
- (c) Mr C's complaints were not handled adequately (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) apologise to Mr C for the fact that he was wrongly informed that a consultation had taken place and he had been excluded from this;
- (ii) review the Council's procedures about land sales with reference to notification and consultation;
- (iii) clarify in their guidance to staff on their complaints procedure that complainants need to be kept informed of the process and that formal complaints should always be dealt with through the complaints process; and
- (iv) apologise to Mr C for the poor handling of his complaint.
The Council have accepted the recommendations and will act on them accordingly.