Crawley Borough Council (19 005 530)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 29 Aug 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about the Council’s handling of the complainant’s right to buy application. This is because it is reasonable to expect the complaint to pursue the matter in the County Court.
The complaint
- The complainant, whom I refer to as Ms B, says the Council has caused delay in the purchase of her home under the right to buy process. In particular, Ms B says the Council has failed to adequately respond to enquiries about unauthorised works in the flat below.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I have considered Ms B’s complaint to the Ombudsman, and her associated supporting documents. I also gave Ms B the opportunity to comment on a draft version of this statement.
What I found
- Section 181 of the Housing Act provides for the County Court to decide any questions or disputes about the right to buy process, other than the value of the property.
- So, if Ms B believes the Council has continued to delay the purchase process following its response to her earlier RTB6 form, or is failing to adequately respond to her enquiries about the neighbour’s works, then she may raise this in the County Court.
- I consider it reasonable to expect Ms B to use this alternative right of remedy in the courts, given its expertise in determining such matters, so the Ombudsman should not investigate her complaint.
Final decision
- The Ombudsman will not investigate Ms B’s complaint. This is because it is reasonable to expect her to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman