Coal Authority did not give a reasoned response to a complaint

What happened

Three sets of neighbours bought properties in the 1970s and early 1980s and had relied on either local searches that had been carried out by the property developer (two sets of neighbours) or a search that had been carried out when they purchased the property (one set of neighbours).

In 2011, as part of the Coal Authority's ongoing mine shaft safety inspection programme, it sent letters to the three sets of neighbours, to tell them that it was going to inspect the mine shafts relevant to their properties.

The neighbours complained to the Coal Authority about the mineshafts devaluing their properties. A representative from the Coal Authority met them but it is not clear exactly what was discussed at those meetings due to the lack of records. The Coal Authority then sent them a written response that said that they were out of time to make a negligence claim and could not claim under subsidence legislation because they had not suffered actual damage.

We partly upheld the complaints.

What we found

We did not look at the Coal Authority's decision itself – we did not have sufficient information. However, the Coal Authority had not given the complainants a reasoned response to their complaints and so caused them distress and inconvenience.

Putting it right

The Coal Authority considered and responded to the complaints made. It apologised for its failure to properly deal with the complaints at the start, and for the distress and inconvenience that resulted.