Summary: We will not investigate this complaint about a right to buy scheme because it is reasonable to expect Mrs Y to approach the county court, who is better placed to consider the complaint.

The complaint

1. Mrs Y complained the Council has unfairly refused to provide her with a discount on her Right to Buy property, only offering her a discount of £10,000, despite previously having been offered a discount of £116,000 in 2020. Mrs Y also says others have been offered higher discounts.
2. Mrs Y feels this is unfair and says it is affecting her mental health.

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The Ombudsman’s role and powers

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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information Mrs Y provided and 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' except for disputes about the valuation of property under the Housing Act 1985, s181. This includes the level of discount applied.
7. 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 alone does not automatically make taking court action unreasonable.
8. This is particularly the case in the context of a transaction for a valuable asset such as Mrs Y's home and where the potential difference in discount is so significant. The court could also make a binding order if it saw fit, which the Ombudsman could not, so it is better placed to consider this issue. We will not investigate.

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Final decision

9. We will not investigate Mrs Y’s complaint because it is reasonable to expect Mrs Y to approach the county court, who is better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman