Summary:  We will not investigate Mr X’s complaint that the Council wrongly closed his ‘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 it should reconsider its decision because, due to his personal circumstances, he did not receive correspondence. He also says the Council failed to consider reasonable adjustments under the Equality Act (2010).

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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 was incomplete and contacted Mr X to request the missing documentation. The Council says if Mr X wants to buy his home, he will need to apply again.
7. 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.
8. Mr X described personal circumstances which made it difficult for him to receive correspondence. He could ask the court to make any reasonable adjustments he believes he needs during court action. 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