Summary: We will not investigate Ms X’s complaint about the Council’s handling of her Right to Buy application. There is insufficient evidence of fault to warrant an investigation. If she disagrees with the Council’s valuation of her home, she has the right to appeal to the district Valuer, who is better placed to decide any dispute.

The complaint

1. Ms X complains the Council delayed informing her of an error with her Right to Buy application, which, due to changes in the scheme in 2024, led to her missing out on an increased discount on the market value of her home. She says this is unfair and has caused her distress and financial loss. She wants the Council to process her application under the old scheme.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

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

3. The District Valuer (part of HMRC) decides any dispute over Right to Buy valuations subject to time limits.

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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. In 2024, the government introduced changes to the Right to Buy scheme which came into force on 21 November 2024. The new scheme made changes to how councils calculate the discount available to buyers on the market value of their home.
7. Ms X applied for the Right to Buy scheme on 14 November 2024 but used an incorrect application form.
8. The Council contacted her on 21 November 2024 to advise her of the error and asked her to submit the correct form. Ms X sent the correct form the same day and the Council formally accepted her application on 25 November 2024. As it accepted her application after the 21 November 2024, the Council is proceeding with her application under the new scheme.
9. We will not investigate this complaint as there is insufficient evidence of fault. The Council must comply with legislative changes and by law, the new scheme into force on 21 November 2024. As the applicant, it is Ms X’s responsibility to ensure that her application is correctly submitted. The Council informed her of the error within a reasonable timeframe. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.
10. Now the application is progressing, if Ms X disagrees with the Council’s valuation of her home, she has a right of appeal to the District Valuer. The District Valuer is the appropriate body to decide any dispute about the value of Ms X’s home.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault and if she disagrees with the Council’s valuation of her home, she can appeal to the District Valuer who is the appropriate body to decide any dispute.

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Investigator's decision on behalf of the Ombudsman