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

The complaint

1. Miss X complained the Council incorrectly denied her right to buy application due to ‘unauthorised adaptations’. Miss X said the Council has not given her the opportunity to remedy the matter. Miss X said the refusal of her application will impact her financially as she will not qualify for the pre-October 2024 right to buy discount. She wanted the Council to allow her to retain her right to buy discount under October 2024 rules and provide an apology.

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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’s complaint responses.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X applied for the right to buy her home from the Council. The Council refused the application on the grounds that there were unauthorised adaptations to Miss X’s home.
7. In its complaint response, the Council said that it had previously advised Miss X that unauthorised alterations at the property needed to be rectified.
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 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 Miss X of being able to buy a valuable asset (her home). Also Miss X could ask the court for her costs if her court action succeeds. For these reasons, it is reasonable to expect Miss X to use the right to go to court.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman