Summary: We will not investigate Miss X’s complaint about how the Council processed her right to buy application. It is reasonable to expect Miss X to challenge the matter in court.

The complaint

1. Miss X complained the Council did not process her Right to Buy (RTB) application correctly by refusing her initial application due to an old court order. She said the Council’s decision has caused her a lot of stress and anxiety. She would like the Council to process her original right to buy application and honour her original discount.

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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. 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

4. I considered information provided by Miss X and the Council’s complaint response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X made an RTB application in November 2024, before new rules came into effect from 21 November 2024 which significantly reduced the maximum RTB discount.
7. In its complaint response, the Council stated it reviewed Miss X’s application and informed her that her application had been rejected because there was a court order for non-payment of rent which was still valid at the time of her application.
8. The law allows the county court to decide any dispute about the right to buy (except for disputes about the valuation of property, which is not relevant here). (Housing Act 1985, section 181). Miss X can ask the court to decide if the Council was right to refuse her application. Where there is a court remedy, the law says we cannot investigate unless there is a good reason to exercise discretion. As the law expressly provides this route for resolving such disputes, we normally expect applicants to use it, with legal advice if necessary. There might be some cost to court action, but that does not automatically make taking court action unreasonable, particularly in the context of a transaction for a valuable asset such as Miss X's home. For these reasons, it is reasonable to expect Miss X to use the right to go to court.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable to expect her to take court action.

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Investigator's decision on behalf of the Ombudsman