Summary: We will not investigate this complaint about changes to a ‘right to buy’ application. It is reasonable to expect Mrs Y to use her right to go to court.

The complaint

1. Miss X represents her relative Mrs Y. She complains the Council wrongly removed some applicants from Mrs Y’s application to buy her home, without a chance to provide more information. Miss X says this means Mrs Y cannot afford to buy her home. She also says she and Mrs Y have suffered stress and uncertainty.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and copy complaint correspondence from the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs Y applied to buy her home from the Council, jointly with Miss X and another relative. The Council removed Miss X and the other relative from the application. It said there was not enough evidence they were eligible. Miss X says the Council did not give enough chance to provide any missing evidence. Miss X also says Mrs Y could not get a mortgage alone, so could not continue with the application.
6. The Council then said it could only add any joint applicants if Mrs Y made a new application. However, the Government had meanwhile changed the ‘right to buy’ discount rules. A new application would come under the new discount rules. Miss X says that means the joint applicants could not afford to buy the house anyway.
7. Mrs Y first wanted the Council to put Miss X and the other relative back on the application. However, the other relative then withdrew. Mrs Y now wants Miss X reinstated and a different person also added to the application.
8. The law allows the county court to decide any 'right to buy' dispute except disputes about the value of property. (Housing Act 1985, section 181) Valuation is not relevant to this complaint. So, the restriction in paragraph 2 applies to this complaint.
9. As the law expressly provides this route for resolving such disputes, we normally expect applicants to use it, with legal advice if necessary.
10. I note Mrs Y has depression and anxiety. However, that does not automatically make it unreasonable to expect someone to take court action. Also, the court could make adjustments for a disability.
11. Mrs Y also has limited English. However, she could ask a relative or friend to interpret. Or the court might arrange an interpreter.
12. Miss X, who helped Mrs Y with the ‘right to buy’ application and complaints, has dyslexia. That can make it difficult for her to deal with matters. However, as explained above, they could also get legal advice or representation.
13. There might be some cost to legal advice and court action. However, that does not automatically make taking court action unreasonable, particularly when it concerns buying something valuable such as Mrs Y's home. The court could also make a binding order; the Ombudsman could not.
14. Mrs Y does not simply want to put back the people the Council removed from her application. Rather, she seeks to reinstate one of those people and add another person who was never on the application. That complicates the matter, with possible argument about whether the Council could just change the original application like that, or whether it would need a new application. Such arguments are not necessarily straightforward legally.
15. In all the circumstances, it is better for the court than the Ombudsman to decide:
1. whether the Council was at fault for removing two of the joint applicants; and
2. whether the law allows the Council to add a different person without needing a fresh application.

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Final decision

16. We will not investigate Mrs Y’s complaint. It is reasonable to expect her to use her right to take court action.

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Investigator's decision on behalf of the Ombudsman