Summary: We will not investigate this complaint about a ‘right to buy’ application. Mr X has an alternative legal remedy, and it is reasonable to expect Mr X to take court action.

The complaint

1. Mr X complains the Council refused his application buy his council home on the grounds that, when he applied, he still had a few days remaining on his debt relief order. Mr X complains the Council’s decision meant he missed out on the opportunity to buy his home with the maximum discount as the government changed the ‘right to buy’ terms soon after he applied. Mr X wants the Council to let him buy his 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 Mr 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). Mr X can ask the court to decide whether the Council was right to refuse his application and whether the Council should apply the previous terms to his 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 Mr X's home. And in any case, we could not direct the Council to accept Mr X’s application in the terms he seeks. For these reasons, it is reasonable to expect Mr X to use the right to go to court.

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Final decision

7. We will not investigate Mr X’s complaint because he has an alternative legal remedy and it reasonable to expect him to take court action.

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Investigator's decision on behalf of the Ombudsman