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 did not process his ‘right to buy’ application in time, so he received a lower discount. He wants the higher discount.

Back to top

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).

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

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 says he applied for the ‘right to buy’ his home from the Council in November 2024 by post. Since Mr X’s application, there has been a statutory change reducing the maximum discount for ‘right to buy’ applications. The Council did not process his application until February 2025 and issued a Section 125 offer using the lower discount. It says the application form advises applicants to send completed forms by recorded delivery. It says it cannot reassess Mr X’s application without proof it was sent before the 20 November deadline. Mr X has since cancelled his application.
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.

Back to top

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

Back to top

Investigator's decision on behalf of the Ombudsman