Summary: We will not investigate this complaint about a ‘right to buy’ application. It is reasonable to expect Ms X to take court action.

The complaint

1. Ms X says she applied to buy her council home ahead of the changes to the ‘right to buy’ terms introduced in November 2024. She complains the Council says it did not receive the application until months later and so is applying the new terms to her application. Ms X wants the Council to let her buy her 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 Ms 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). Ms X can ask the court to decide whether the Council wrongly recorded the date it received her application and whether the Council should apply the previous terms to her 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 Ms X's home. For these reasons, it is reasonable to expect Ms X to use the right to go to court.

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Final decision

7. We will not investigate Ms X’s complaint because it reasonable to expect her to take court action.

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Investigator's decision on behalf of the Ombudsman