Summary: We will not investigate this complaint about a Right to Buy dispute as Ms X could have taken her case to court.

The complaint

1. Ms X complained the Council would not let her complete the purchase of her home under the Right to Buy (RTB) scheme as it said she had an outstanding housing debt. Ms X was unhappy the Council intended to pursue the historic debt.

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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 the complainant and the Council.
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 RTB, under the Housing Act 1985, section 181, except for disputes about the valuation of property. The restriction in paragraph three therefore applies to this complaint.
7. As the law expressly provides this route for resolving such disputes, we would normally expect applicants to use it, with legal advice if necessary. There might be some cost to court action, but that alone does not automatically make taking court action unreasonable, particularly in the context of a house purchase. The court would provide a formal legal ruling. For these reasons, it is reasonable to expect Miss X to use the right to go to court and we will not investigate.

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Final decision

8. We will not investigate Ms X’s complaint because it is reasonable to expect her to have taken her case to court.

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Investigator's decision on behalf of the Ombudsman