Summary: We will not investigate Mr X’s complaint about delays by the Council in progressing his right to buy application. This is because it is reasonable to expect Mr X to use the legal remedy available to him in court.

The complaint

1. Mr X complains about delays by the Council in progressing his right to buy application and its refusal to reduce the sale price by the rent he has paid during the delayed period.

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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 Act 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 information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Between 2021 and 2022 Mr X served three sets of notices of delay on the Council. The Council only accepted one set. It said Mr X served the other two sets of notices incorrectly. As a result, Mr X was unable to claim back the rent he paid for those two periods.
7. We will not investigate Mr X’s complaint. I addition to the delay procedure, section 181 of the Housing Act 1985 gives right to buy applicants a right to ask the county court to deal with any disputes, and decide any questions, which arise during the right to buy process.
8. I consider it was reasonable to have expected Mr X to use his right of appeal to the county court to address the delay in completing the right to buy application.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable to expect him to use his right of appeal to the courts.

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Investigator's decision on behalf of the Ombudsman