Summary: We will not investigate this complaint about the Council’s withdrawal of Miss X’s right to buy application in 2022. There is insufficient evidence of fault which would warrant an investigation. it was reasonable for her to apply to the County Court for instruction to the Council proceed if she believed there was delay in completing her conveyance.

The complaint

1. Miss X complained about the Council’s decision to withdraw her Right to Buy application for her Council home following requirements for further information which she believed she had provided. As a result, she says she would have to re-apply for the purchase and that lending rates have increased since her previous application which may now make it unaffordable.

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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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X applied to buy her Council home in 2021. In 2022 the Council issued a section 125 notice which is an offer of sale. She asked the Council if it could change the name on her application because the notice was in her maiden name but the mortgage offer was in her married name. The Council asked her to provide a certified copy of her marriage certificate which was asked of the solicitor handling the conveyance on her behalf.
6. Miss X says the Council then began communicating directly with her in response to her requests for information. This led to delay which resulted in the offer being withdrawn after 56 days had elapsed without agreement. The Council says it dealt with her solicitor and did not invite correspondence directly. In a letter to her solicitor the Council advised: “ We would be grateful if you could kindly remind your client(s) that now the conveyancing process has started, they should not attempt to contact us directly and any correspondence or enquiries should be issued via you as their conveyancer.”
7. If Miss X’s solicitor believed that the Council was delaying the application unreasonably by requiring further documents, he could have applied to the County Court to seek a judgement on the Council’s actions under s.181 of the Housing Act 1985. As it is the offer was withdrawn in 2022 and the procedure ended at that time.

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Final decision

8. We will not investigate this complaint about the Council’s withdrawal of Miss X’s right to buy application in 2022. There is insufficient evidence of fault which would warrant an investigation. it was reasonable for her to apply to the County Court for instruction to the Council proceed if she believed there was delay in completing her conveyance.

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Investigator's decision on behalf of the Ombudsman