Summary: We will not investigate this complaint about the Council’s delay in dealing with Ms X’s Right to Buy application. This is because it was reasonable for her to use the statutory Tenants Notice of Delay procedure which applies to these matters.

The complaint

1. Ms X complained about delays in the Council progressing the purchase of her property through the Right to Buy Scheme. She also complains about legal advice provided by the Council’s legal team.
2. Ms X is seeking a more efficient approach to reaching a conclusion to the conveyance.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Section 181 Housing Act 1985 provides Right to Buy applicants a right to ask the County Court to decide issues arising in Right to Buy applications. The only exclusion is any issues about the valuation of the property.
8. Ms X has instructed a solicitor to act for her and has issued a Notice of Delay and the Council’s legal team issued a Counter Notice to this.
9. As there is a legal route for Right to Buy issues, it is reasonable to expect Ms X to have continued with that route.

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Final decision

10. We will not investigate Ms X’s complaint because it was reasonable for Ms X to proceed with the legal route available to her through the court.

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Investigator's decision on behalf of the Ombudsman