Summary: We will not investigate this complaint about the Council’s handling of 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 complains the Council closed his ‘right to buy’ application. He says he was not made aware that further documents were required before the application was closed.

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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. A national policy was announced which reduced the maximum discount for Right to Buy applicants. Eligible applicants had until midnight on 20 November 2024 to apply to not be impacted by the change.
7. Mr X applied for the ‘right to buy’ his home from the Council in November 2024. The Council closed the application, saying it was incomplete. The Council says Mr X attended a verification meeting and was told which documents were needed and the deadline for providing them. It also says it contacted Mr X to request the missing information. Mr X says he did not receive the communication. The Council says if Mr X applies again, he will do so at the new discount rate of £16,000.
8. 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 if the Council should have refused 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. The court is better placed than the Ombudsman to decide whether the Council was wrong to close Mr X’s ‘right to buy’ application.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable for him to use his right to take court action.

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Investigator's decision on behalf of the Ombudsman