Summary: We will not investigate this complaint about delays and the valuation in the Right to Buy process. It is reasonable for the complainant to go to court, and to have pursued any dispute about the valuation with the District Valuer.

The complaint

1. Miss X complains about delays and the valuation in her Right to Buy (RTB) process.

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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. We can 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. So, we do not start an investigation if we decide there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law also 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

5. I considered information provided by Miss X and the Council, which included their complaint correspondence.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. There is a strict procedure with time limits for each stage of the RTB process. The procedure provides for an applicant to serve a ‘notice of delay’ on the Council if they consider it is delaying the sale.
8. The Council must either move along the sale or send a counter notice to the tenant explaining what action it has taken or explain why it cannot progress the sale. If the Council does not reply within a month the tenant can complete a ‘operative notice of delay’ form. Any rent the tenant pays while waiting for the Council’s response can be taken off the sale price.
9. If a Council still does not act on notices of delay, a tenant may take their dispute to the County Court, under section 181 of the Housing Act. This makes provision for an applicant to ask the Court to decide any issue/disputes arising during their application to purchase.
10. The law expressly provides this route for RTB disputes, so we normally expect people to use it. 
11. We will not investigate this complaint. I consider it was reasonable for Miss X to use the notice of delay process and, if necessary, to go to court, to resolve her concerns.
12. The RTB process also expressly provides the right to challenge a valuation by going to the District Valuer within 3 months. The District Valuer has the expertise to resolve disagreements about a valuation and has the power to make a binding decision. The Ombudsman does not have this expertise or power. I consider it reasonable to expect Miss X to have used this right if she disputed the Council’s valuation.

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Final decision

13. We will not investigate Miss X’s complaint because it is reasonable to expect her to go to court if she believes the Council has delayed the RTB process, and it is reasonable to expect her to have pursued any dispute about the valuation with the District Valuer.

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Investigator's decision on behalf of the Ombudsman