Summary: We will not investigate Mr X’s complaint about delay in the Right to Buy procedure. There is a statutory process for tenants to follow where there is delay in the Right to Buy process. It was reasonable for Mr X to use this process, and if he remained unhappy, to go to court.

The complaint

1. Mr X complains about delay during the Right to Buy process. He says the delays caused distress and financial loss. He wants the Council to reimburse rent payments and improve its service for others.

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The Ombudsman’s role and powers

2. 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)
3. We investigate 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 continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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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. Tenants can serve an initial notice of delay if they consider the Council is delaying the Right to Buy process unnecessarily. If the Council does not respond, the tenant can serve an operative notice of delay. The operative notice has the effect of reducing net rent payments during the delay period, counting both as rent and as payment towards the purchase of the property. A tenant can also apply to the county court at any stage during the Right to Buy process to resolve any disagreement.
7. Mr X submitted a Right to Buy application in November 2023. Mr X served the Council an initial notice of delay in August 2024. The sale completed in September 2024.
8. Mr X complained to the Council about delays in the process in October 2024. In its complaint response, the Council accepted there had been delays. It explained the reasons for the delays and apologised for any inconvenience caused.
9. We will not investigate this complaint. There is a statutory procedure in place for tenants to use where there is delay in the process and the tenant is seeking rent reimbursement. It was reasonable for Mr X to use this process and serve an operative notice of delay and if he remained dissatisfied, to apply to the county court to resolve any disagreement. The sale has now completed, and we could not ask the Council to reimburse rent payments. We could not achieve what Mr X wants.
10. The Council has explained the reasons for the delays and apologised to Mr X for any inconvenience. This is an appropriate remedy for any distress caused. It is unlikely an investigation would reach a different outcome or achieve anything more.

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Final decision

11. We will not investigate Mr X’s complaint because it was reasonable for him to use the statutory delay process or to go to court. We could not achieve what Mr X wants and it is unlikely an investigation would reach a different outcome or achieve anything more.

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Investigator's decision on behalf of the Ombudsman