Summary: We will not investigate this complaint about the Council’s decision not to progress a right to buy application without addition evidence of residency. It is reasonable to expect the complainant to exercise their right to appeal to the county court. Also, the Council has apologised for giving incorrect advice on the Ombudsman service which is a satisfactory remedy to the remainder of the complaint.

The complaint

1. The complainant, I shall call Miss X, complains for her father, I shall call Mr Y.
2. Miss X complains the Council refused to accept Mr Y’s right to buy application. She also complains the Council incorrectly directed her to the Housing Ombudsman Service which caused delay in progressing her complaint.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council requested further evidence from Miss X and her sister to prove they live with their father and to enable them to be added to Mr Y’s right to buy application.
9. The Council confirmed to Miss X it had received the online bank statements she provided. However, it explained that online account holders can change their address without providing independent verification that the new address is genuine. It therefore asked for more supporting evidence of residency such as council tax bills, payslips, bank statements on bank letterheaded paper, or other official documentation containing the home address.
10. Miss X says she and her sister provided enough information to show they live with Mr Y and the Council should progress the application.
11. The Council is required to obtain proof of address from applicants. It has decided the online bank statements provided are not acceptable and has explained why. It has advised what proof of tenancy is required and confirmed it will reassess the application if acceptable evidence is provided.
12. We will not investigate this part of the complaint. 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.
13. I consider it is reasonable to expect Miss X to use the right of appeal to the county court to address her dispute that further evidence of her home address is required.
14. Miss X also complains the Council told her she could refer her complaint to the Housing Ombudsman Service if she was not satisfied with the outcome of the complaint. She says she waited seven months for a response from the Housing Ombudsman Service, only to be told they could not deal with her complaint. This is fault.
15. The Council has apologised to Miss X for this error. It has also confirmed it has reminded staff of the relevant jurisdictions of the Housing Ombudsman Service and the Local Government and Social Care Ombudsman. I consider this is a satisfactory remedy to this part of the complaint.

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Final decision

16. We will not investigate Miss X’s complaint because:
• it is reasonable to expect her to use the right of appeal to the county court; and
• the Council’s apology and reminder to staff is a satisfactory remedy for its incorrect advice on the Ombudsman service.

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Investigator's decision on behalf of the Ombudsman