Summary: We will not investigate this complaint that the Council failed to inform the complainant about changes to the Right to Buy discounts. It is reasonable to expect the complainant to use the alternative court remedy which is available.

The complaint

1. Miss X complains the Council did not inform her about changes to the Right to Buy (RtB) discount which came into effect in November 2024. If she had known about the changes, she says she would have submitted an application before the discount was reduced.

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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 Miss X and the Council, which included the Council’s complaint responses.
5. I also 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 RtB process (Housing Act 1985, section 181). Miss X can therefore ask the court to decide if the Council failed to properly publicise the discount changes, and whether it should apply the previous discount terms if she makes an application in the future. 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 their home. For these reasons, it is reasonable to expect Miss X to use her right to go to court.

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Final decision

7. We will not investigate Miss X’s complaint because it is reasonable to expect her to use the alternative court remedy.

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Investigator's decision on behalf of the Ombudsman