Summary: We will not investigate this complaint about how the Council handled a ‘right to buy’ application. It is reasonable to expect Mr X to use his right to take court action.

The complaint

1. Mr X complained the Council cancelled his right to buy application. He said documentation sent to the Council was lost in the post and the Council have treated him unfairly. He said this has had a negative impact on his finances, and he has lost out on owning his own home. He would like the Council to allow him to continue with his purchase.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied for the right to buy his home from the Council. The Council closed the application, saying it had not received documents requested from Mr X. Mr X disagreed and said he sent the Council the requested documents.
7. In its complaint response, the Council advised Mr X that he could apply again.
8. The law allows the county court to decide any dispute about the right to buy, except for disputes about valuation of property; the latter point is not relevant to this complaint. (Housing Act, section 181)
9. As the law expressly provides this route for resolving such disputes, we normally expect applicants to use it, with legal advice if necessary. The court can take evidence on oath about what was sent to, and received by, the Council when Mr X applied. The court can decide the matter and make a binding order. 
10. There might be some cost to court action, but that does not automatically make taking court action unreasonable. This is particularly the case in the context of the potential benefits to Mr X of being able to buy a valuable asset (his home). Also, Mr X could ask the court for his costs if his court action succeeds. For these reasons, it is reasonable to expect Mr X to use the right to go to court.

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Final decision

11. We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to use his right to go to court.

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Investigator's decision on behalf of the Ombudsman