Summary: We will not investigate this complaint about delay by the Council in providing Mr X with an update about his application to buy his home under the Right to Buy scheme as Mr X can serve a legal notice on the Council for a response.

The complaint

1. Mr X complains the Council told him his application to buy his home under the Right to Buy scheme was successful but has not provided any updates for many months. Mr X says this has caused him frustration.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

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

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My assessment

5. The Right to Buy refers to rights granted under the Housing Act 1985 (as amended) to tenants of social landlords including councils to buy their home at a discount provided they meet the criteria.
6. There is a prescribed procedure for applications and where a landlord delays a sale, the applicant can complete a notice of delay form and ask it to respond. If a Council does not act within one month, or send a counter notice, the applicant may use an Operative Notice of Delay form.
7. This is the procedure set out in law to address delay in Right to Buy sales and is open to Mr X to use. We expect him to have used this process before we would investigate his complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is a procedure in law he can use to address any delay by the Council, and we would expect him to use it before we would investigate.

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Investigator's decision on behalf of the Ombudsman