Summary: We will not investigate this complaint about the Council’s consideration of Ms X’s Right to Buy applications. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X complained about the Council’s handling of her Right to Buy applications. She says it failed to value her home fairly or promptly and that repairs were not carried out in earlier years which should have lowered the price.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X applied to buy her social housing home in 2020. She says the property suffered from roof leaks and dampness for many years. Because the disrepair was not rectified, she decided to withdraw the application in December 2020. The landlord completed the repairs and she submitted a new application in 2021.
7. She received a valuation form the District Valuer based on her previous application. The Council’s valuation for the second application was higher because it included repairs and some improvements. Ms X was dissatisfied with the valuation and the Council asked the District Valuer to carry out a further valuation.
8. Ms X submitted a formal Notice of Delay to the Council because she believed the process was taking too long. The Council served a counter-notice because it says it referred the case to the District Valuer promptly.
9. We cannot investigate complaints about disrepair in social rented housing because this falls within the remit of the Housing Ombudsman service.
10. The Right to Buy procedure provides an opportunity to challenge a landlord’s valuation of a property to an independent government body. This is the office of the District Valuer and Ms X’s application has already been submitted to that body by the Council. The price determined by the District Valuer will be binding on both parties.

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Final decision

11. We will not investigate this complaint about the Council’s consideration of Ms X’s Right to Buy applications. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman