Summary: We will not investigate Mr Q’s complaint that the Council keeps asking him to provide the same information in support of his Right to Buy application. This is because he may use the statutory delay process and, if necessary, go to court.

The complaint

1. The complainant, who I have called Mr Q, complained that the London Borough of Hounslow (the Council) keeps asking him for information he has already provided in support of his Right to Buy (RTB) application. He said the Council’s questions caused his mother stress and led to her death.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is a statutory process available that would address the matter, and that it would be reasonable for the person to use that process. (Local Government Act 1974, section 24A(6), as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered the information Mr Q provided. I considered his response to a draft of this decision.

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What I found

Background

5. The Housing Act 1985 (the Act) sets out the RTB process. The Act allows tenants to serve an “initial notice of delay” form if they think the Council is taking too long to progress the sale. The Council must then either progress the sale within a month or send a counter notice to the tenant. The counter notice will explain what action the Council has already taken or explain why it cannot progress the sale.
6. If the Council does not reply within a month the tenant can complete an “operative notice of delay” form. Any rent the tenant pays while waiting for the Council’s response can be taken off the sale price.
7. If the Council still does not act on the notices of delay, a tenant may take their dispute to the County Court under section 181 of the Act. The County Court may decide any question about the RTB scheme, other than the value of the property.

What happened

8. In June 2019 Mr Q made a RTB application to the Council. By September, the sale had not been finalised. Mr Q said he had provided all the information the Council had asked for, but it kept asking him for the same information including information from his mother. Mr Q said his mother was elderly and frail, and the stress caused by the Council’s questioning led to her death.
9. Mr Q has a solicitor acting for him regarding his RTB application.

Assessment

10. The Council asked Mr Q for information. It did not have direct contact with his mother. Mr Q thinks he has given the Council the information it asked for and, as a result, is taking too long to finalise his RTB application. So it would be reasonable for Mr Q to use the statutory delay process described in paragraphs 5 and 6. If he does so, it may prompt the Council to progress the sale or explain to him why it is asking for information he thinks he has already provided. It would also be reasonable for Mr Q to go the County Court if the statutory delay process does not resolve the matter. His solicitor can advise him about the delay process and going to court.
11. For these reasons, therefore, we will not investigate this complaint.

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Final decision

12. We will not investigate this complaint for the reasons given in the Assessment.

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Investigator's decision on behalf of the Ombudsman