Summary: We will not investigate this complaint about a right to buy discount as there is insufficient evidence of fault by the Council and Mrs X may be able to challenge the matter in court.

The complaint

1. Mrs X complains about the discount she has been given on her property under the Right to Buy (RTB) scheme. Mrs X is unhappy the Council has considered her application under new rules and wants the Council to apply the old rules to her application. Mrs X says she is extremely disappointed at the Council’s decision.

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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. 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 (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)
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. New rules came into effect from 21 November 2024 which significantly reduced the maximum RTB discount. Applications received on this date or after are subject to these new rules. Mrs X acknowledges her application was received by the Council on 21 November 2024 but feels the Council should apply the old rules, as she only missed the deadline by a matter of hours.
9. The Council has dealt with Mrs X’s application under the new rules and there is no indication of fault by it in doing this. I recognise Mrs X’s disappointment, but it is for the Council to determine RTB applications and unless there is evidence of fault in its consideration of such, we cannot challenge its decisions
10. Additionally, Section 181 Housing Act 1985 provides a RTB applicant with the right to ask the County Court to determine any question arising under Part V of the Act (all the provisions relating to RTB). Mrs X could therefore ask the Court to make a determination. We are not empowered to make the decisions of the Court. If Mrs X considers the discount is wrong, then it is reasonable to expect her to ask the Court to consider her case.
11. For these reasons, we will not investigate.

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Final decision

12. We will not investigate Mrs X’s complaint because there is insufficient evidence of administrative fault by the Council. If Mrs X considers the discount is wrong, she can ask the County Court to intervene.

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Investigator's decision on behalf of the Ombudsman