Summary: Mr X complained the Council refused to waive the ‘right to buy’ discount repayment if he sold his property. We will not exercise discretion to investigate as Mr X has a right to take the matter to court, and it is reasonable that he should use that right.

The complaint

1. Mr X complains the Council refused to waive the ‘right to buy’ discount repayment on his property if he sold it. Mr X said the Council failed to consider the impact of antisocial behaviour on his family. He said that this prevented him from moving and caused his family significant distress.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered the information provide by Mr X in his complaint and the documents he sent. I read the documents the Council provided. Mr X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Mr X bought his home under the ‘right to buy’ and received a discount in 2018. Where someone who has received such a discount sells their home within five years, the Council can reclaim some or all of the discount. (Housing Act 1985, sections 155 and 155A, as amended)
6. In May 2020 Mr X applied to the Council to waive the discount reclamation as his family is at risk of significant harm due to the antisocial behaviour directed to the neighbouring property. Mr X stated that he could not move if the Council reclaimed the discount.
7. The Council considered Mr X’s request and the statutory guidance (Right to Buy – the use of discretionary powers on repayment of discount) and refused it in August 2020. The Council did not consider there to be a “demonstrable threat of violence or of significant harm” to the family.
8. Mr X complained to us in January 2021.
9. The law says the county court can decide any dispute about a right to buy matter (except about the valuation of a rented property before it is sold, which is not relevant here). (Housing Act 1985, section 181, as amended) So the restriction in paragraph 2 applies.
10. I have considered whether it would be reasonable to expect Mr X to use his right to go to court. Where the law expressly provides a right to go to court, we would normally expect people to do so. The large sum of money involved is an argument in favour of going to court, even if there are some costs in doing so. If Mr X were to be successful in court, he could ask for his costs.

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Final decision

11. We will not exercise discretion to investigate this complaint. This is because Mr X had a right to go to court and it is reasonable that he should use that right. It is unlikely we would find fault in the way the Council made its decision.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman