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 did not receive correspondence, and the Council has not provided proof it sent it. He also says the Council failed to consider his personal circumstances.

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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 did not receive the acceptance of the offer. Mr X says he did not receive any correspondence, and the Council should have contacted him using another method. The Council says it wrote to Mr X three times and emailed him to confirm the offer notice had been sent. It says if Mr X wants to buy his home, he will need to apply again.
8. The law allows the county court to decide any dispute about the ‘right to buy’ process (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.
9. Mr X described personal circumstances which he says the Council did not properly consider. 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

10. 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