Summary: We will not investigate this complaint about the Council’s decision to cancel Mr X’s right to buy application. There is not enough evidence of fault to warrant our involvement. In any case, we cannot achieve the outcome he seeks.

The complaint

1. Mr X complained the Council cancelled his right to buy (RTB) application because he did not submit documents to complete anti-money laundering (AML) checks.
2. Mr X said because of this, he is no longer eligible for the original discount price.

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The Ombudsman’s role and powers

3. 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 cannot achieve the outcome someone wants.

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

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained the Council cancelled his RTB application because he did not submit the documents it needed to complete AML checks.
8. When the Council sent Mr X its formal offer to sell the property to him, it said the RTB application would be cancelled if all the requested information had not been provided within 12 weeks.
9. The Council said Mr X provided some information within the 12 weeks, but some information remained outstanding. Therefore, it sent Mr X a formal notice to say the application had been cancelled.
10. The Ombudsman is not an appeals body and cannot overturn the Council’s decision. We look at how the Council made its decision and whether there was any flaw in that decision-making. If there was no fault in the Council’s decision-making, we cannot question it.
11. The available evidence suggests we would be unlikely to find the Council at fault.
12. Additionally, we could not tell the Council it should reinstate Mr X’s application and agree the original discount amount.
13. For these reasons, we will not investigate this complaint.

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Final decision

14. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman