Summary: We will not investigate this complaint about the Council’s handling of a Right to Buy (RTB) application. This is because there is not enough evidence of fault, in how the Council made its decision, to justify an investigation.

The complaint

1. Mr X complained the Council wrongly refused to allow his existing Right to Buy (RTB) application to transfer to a new property following a move. Mr X felt discriminated as a result.

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The Ombudsman’s role and powers

2. 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 not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X stated that his move to a different property was necessary due to disability-related needs and medical circumstances. He considers the Council should have exercised discretion to preserve his original RTB application date and higher-level discount. He says the Councils refusal amounts to disability discrimination and failure to make reasonable adjustments.
6. The Right to Buy scheme is set out in legislation. Applications are linked to a specific property and tenancy. This means an application cannot be transferred from one property to another.
7. The Council explained to Mr X that there was a national change to RTB discounts from November 2024, reducing the maximum discount available. They stated the law requires councils to apply the rules in force at the time a valid application is made. They also said the legislation does not provide councils with discretion to preserve an earlier application date or discount where a tenant moves property, regardless of the reason for the move. Therefore, we will not investigate because it is unlikely we would find fault in the Council’s actions to refuse to transfer Mr X’s RTB application across properties.
8. The outcome Mr X is seeking is not achievable as we could not direct the Council to act contrary to what the law says in terms of discount it should now apply.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough fault, in how the Council made its decision, to justify an investigation.

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Investigator's decision on behalf of the Ombudsman