Summary: We will not investigate this complaint about the complainant buying his home under ’Right to Buy’ legislation. The complainant had other remedies open to him.

The complaint

1. The complainant, who I refer to here as Mr B, applied to buy his home from the Council. In summary, he says the Council delayed completion of the sale because it changed the land included in the sale and revoked an agreement regarding a shared access. He also says the Council asked for more money for land included in the original valuation. Mr B says he felt uneasy because of the Council’s attitude towards him and agreed the sale even though there were still disputes.

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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)
4. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe there is another body better placed to consider this complaint. It is not a good use of public resources to investigate how a council dealt with a complaint if we are not investigating the substantive issue. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Mr B. I also considered our Assessment Code.

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My assessment

6. Buying a property under the ‘Right to Buy’ is a legal process set out in the Housing Act 1985. It includes a procedure for dealing which both parties are expected to use. Section 181 gives the county court jurisdiction to determine any dispute except matters of valuation which are dealt with by the district valuer.
7. The courts have decided the right to go to the county court ends when a sale is completed. This is because both parties have reached a binding agreement on the terms of the sale.

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Final decision

8. We will not investigate Mr B’s complaint. This is because he had a solicitor during the purchase of the property which is now complete. I see no reason Mr B could not have used the alternative remedies open to him to resolve any dispute before he accepted the terms of sale.
9. We will not investigate how the Council dealt with Mr B’s concerns because we are not investigating the central issues.

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Investigator's decision on behalf of the Ombudsman