Summary: We will not investigate this complaint about the Council’s advice on a Right to Buy discount. There is insufficient evidence of any fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council’s refusal to accept her Right to Buy application for her council home at the pre-2024 discount levels. She says that she was unable to apply earlier due to severe mental health issues and the Council should allow her to purchase at the previous, more generous discount rate.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome

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

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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. Mis x says she was unable to submit a Right to Buy application to the Council to buy her home before 21 November 2024 when the government introduced new discount rates at a reduced amount. She says she was suffering from mental health issues prior to this and asked the Council to accept her application at the previous rates.
6. The government announced changes to the Right to Buy discount in October 2024 in the autumn budget review. There was no previous public debate about this matter and councils were given only 3 weeks’ notice prior to the changes being implemented on 21 November. This caused a surge in applications during the period following the announcement. However, Miss X did not submit her application before the changes came into force.
7. The Council is required by law to consider Right to Buy applications under the legislation which is current at the time, including the level of discount applied. It has no discretion to vary the discount set out in the legislation regardless of the personal circumstances of the applicant. There is no fault in the Council telling Miss X that her application could only be considered at the current discount rates after 21 November 2024.

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Final decision

8. We will not investigate this complaint about the Council’s advice on a Right to Buy discount. There is insufficient evidence of any fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman