Summary: We will not investigate this complaint about the Council’s decision to reject Miss X’s Right to Buy application. It is reasonable for Miss X to apply to the courts for a determination of the Council’s actions.

The complaint

1. Miss X complained about the Council’s rejection of her right to buy her council home application because it says it was not satisfied that she met the anti-money laundering requirements. She says that she has been denied her right to buy her home, lost her discount and that this was the only chance she had of becoming a property owner.

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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)

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How I considered this complaint

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

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My assessment

5. Miss X applied to buy her council home in 2024. When she submitted details of her finances for the verification checks for the application, the Council told her that there were inaccuracies on the form. It told her that her application could not be accepted if it failed to meet the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017.
6. Miss X was called in for an interview but the Council remained dissatisfied with the information she provided and her application was not processed further.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
8. The Council is required to carry out anti-money laundering checks as part of the right to buy process. It says it was not satisfied that Miss X’s application met the requirements and this is not fault.
9. Under the provisions of the Housing Act 1985 Section 181, a right to buy applicant may seek a determination from the County Court to any question arising from the process apart from matters relating to the valuation of the property. If Miss X wished to challenge the Council’s decision to reject her application, she could seek a determination or submit a new application which would not affect her discount entitlement.

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Final decision

10. We will not investigate this complaint about the Council’s decision to reject Miss X’s Right to Buy application. It is reasonable for Miss X to apply to the courts for a determination of the Council’s actions.

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Investigator's decision on behalf of the Ombudsman