Summary: We will not investigate this complaint about the Council’s failure to inform Mrs X about changes to the ‘right to buy’ discount. It is reasonable to expect Mrs X to take court action.

The complaint

1. Ms X complains the Council did not give her appropriate support or guidance when she applied to buy her house from the Council in September 2024. Mrs X says that when it appeared she would not be able to complete the process before the deadline, the Council told her she would be able to restart the process later. She complains the Council did not tell her that the terms regarding ‘right to buy’ discounts changed in November 2024 and that if she restarted the process, it would be under the new terms. Mrs X wants the Council to let her buy her home under the previous, more generous terms.

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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 Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The law allows the county court to decide any dispute about the ‘right to buy.’ (Housing Act 1985, section 181). Mrs X can ask the court to decide if the Council failed to tell her about the discount changes properly and whether the Council should apply the previous terms to her application. The court can make a binding order. So, the restriction in paragraph 3 applies to this complaint. 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 Mrs X's home. For these reasons, it is reasonable to expect Mrs X to use the right to go to court.

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Final decision

7. We will not investigate Mrs X’s complaint because it reasonable to expect her to take court action.

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Investigator's decision on behalf of the Ombudsman