Summary: We will not investigate this complaint about the Council’s decision to refuse Ms X’s right to buy application because she has not met conditions outlined in a court order. It is reasonable for Ms X to seek a remedy in the courts because only they can decide whether the conditions have been met and to revoke the order.

The complaint

1. Ms X complained about the Council’s decision to refuse her right to buy application because it said she has not met conditions outlined in a court order.
2. Ms X also said the Council communicated poorly with her during the process.
3. Ms X said this has caused her extreme emotional distress.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complained about the Council’s decision to refuse her right to buy application.
9. The Council responded to Ms X’s complaint and said because she has not met all the conditions outlined in a previously imposed court order, it declined the application. The Council said it told Ms X this was a likely outcome prior to her submitting the application.
10. The Council advised Ms X to seek legal advice and approach the courts if she would like to challenge the court orders. The Council highlighted its approach is in line with section 121(1) of the Housing Act 1985 which sets out circumstances where the right to buy scheme cannot be used.
11. I believe it is reasonable to expect Ms X to approach the courts about this matter to seek a remedy because only they can decide whether to uphold, amend or revoke the court order. Therefore, we will not investigate this complaint.
12. Because we will not investigate the substantive matters of the complaint, we will not investigate the Council’s complaint handling or communication as it is not proportionate for us to do so.

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Final decision

13. We will not investigate Ms X’s complaint because it is reasonable for Ms X to seek a remedy in the courts.

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Investigator's decision on behalf of the Ombudsman