Summary: We will not investigate this complaint about the Council’s handling of Miss Q’s Right to Buy application. This is because she may go to court to settle her dispute over the position of her boundary.

The complaint

1. The complainant, who I have called Miss Q, complained about Leeds City Council’s handling of her Right to Buy (RTB) application. She said they cannot agree where the boundary for her property is.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Miss Q provided. I discussed the complaint and a draft of this decision with Miss Q.

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What I found

Background

5. The Housing Act 1985 (the Act) sets out the RTB process.
6. Section 181 of the Act enables a tenant to take a RTB dispute to the County Court. The County Court may decide any dispute about the RTB, except for disputes over the valuation of the property.

What happened

7. Miss Q made a RTB application for her council house in 2017. She said there had been a boundary issue at the back of her property, but that had been resolved. However, more recently, the Council moved her neighbour’s fence at the front of her property. Miss Q believes the boundary is now in the wrong place. The Council does not agree. Miss Q wants to establish where the boundary is and complete the purchase of her council house without further delay.

Assessment

8. We will not investigate this complaint.
9. Miss Q and the Council cannot agree where the boundary for her property is. This is a dispute that can be decided by the County Court. It is not our role to decide where the boundary should be. So I think it would be reasonable for Miss Q to go to the County Court to establish where the boundary is.

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Final decision

10. We will not investigate Miss Q’s complaint. This is because she may go to court.

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Investigator's decision on behalf of the Ombudsman