Summary: We will not investigate this complaint about the Council’s failure to allow the complainant to complete her right to buy purchase. It is reasonable to expect her to take the matter to court.

The complaint

1. Ms Z says the Council lost an important document when she tried to exercise her right to buy her council property. As a result, she was unable to complete the sale, and has lost out financially because she closed a savings account.

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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. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A (6+) and 34B(8), as amended)

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How I considered this complaint

4. I considered information provided by Ms Z.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms Z says when the Council failed to progress the sale, she served a notice of delay. However, the Council served a counter notice and told her a document was pending. She has been unable to complete the sale and has failed to get a response despite complaining twice.
7. The Housing Act 1985 section 181 gives the county court the jurisdiction to consider any right to buy matters in dispute. The Council’s failure to allow the sale to complete raises doubt as to whether it is wrongly preventing the sale to go ahead.
8. The Ombudsman normally expects a complainant to take a matter to court where there is an express right in law. The Courts can make binding decisions which the Ombudsman cannot.
9. I recognise it might cost Ms Z money to take this route. However, that is not a reason for the Ombudsman to investigate. Moreover, the cost of taking court action would not be disproportionate to the nature of a property transaction.
10. Therefore, it would be reasonable to expect Ms Z to take the matter to court.
11. In cases where we do not investigate the matters in a complaint, we do not separately investigate the Council’s complaint handling process.
12. Ms Z’s decision to close her savings account is a separate matter for which the Council is not responsible.

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Final decision

13. We will not investigate Ms Z’s complaint because it would be reasonable for her to take the matters in it to court.

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Investigator's decision on behalf of the Ombudsman