Easter break office closure 

We will be closed from 5pm Thursday 17 April 2025 until 10am Tuesday 22 April 2025. You can still submit your complaint via our online form but we will not respond until we reopen.

New Customer Service Standards

We have updated our Customer Service Standards and are looking for feedback from customers. Please fill out our survey here by 12 May 2025: https://forms.office.com/e/ZDpjibqe8r 

Investigation Report 200802060

  • Report no:
    200802060
  • Date:
    August 2009
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government

Overview

The complainants (Mr C and Ms D) purchased a commercial property on the ground floor of a tenement block in Edinburgh in the autumn of 2004. In the subsequent three and a half years, they received no communication from The City of Edinburgh Council (the Council). On 7 April 2008 they received accounts from the Council for nearly £7,600 in respect of works instructed under notices issued by the Council under the City of Edinburgh District Council Order Confirmation Act 1991. Mr C and Ms D raised a number of concerns about the Council's handling of the matter.

Specific complaints and conclusions

The complaints which have been investigated are that the Council:

  • (a) failed to serve Mr C and Ms D as part owners of the tenement with statutory notices issued on 13 October 2004 (not upheld);
  • (b) failed to update their records on ownership and keep Mr C and Ms D informed of progress on the contract (upheld); and
  • (c) failed to respond sympathetically to Mr C and Ms D's request to be given sufficient time to pay accounts for nearly £7,600 of which they had no prior forewarning (not upheld).

Redress and recommendations

The Ombudsman recommends that:

  • (i) the statutory notice intimation and relevant subsequent correspondence include an appropriate statement for the recipient to contact the Council to alert them to any change in ownership;
  • (ii) in the case of commercial properties included in statutory notices, Corporate Property and Contingency Planning institute a practice of checking with the Scottish Assessors Association website to ascertain whether there has been a pertinent recent change of ownership which would require them to update their ownership records; and
  • (iii) in the light of the failure to communicate with Mr C and Ms D and update them, the Council consider whether it is appropriate to levy the full administration charge.

The Council have accepted the recommendations and have acted on them accordingly.

Updated: December 11, 2018