Summary: We will not investigate Mrs X’s complaint about delay’s in progressing her Right to Buy application. It would have been reasonable for her to use the statutory delay procedure and if needed, the alternative court remedy.

The complaint

1. Mrs X complains the Council delayed progressing her Right to Buy (RTB) application. Mrs X also complains of poor communication and complaint handling.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says she submitted a RTB application in November 2024, but the Council has delayed the process at multiple stages.
7. Where a council delays a sale, the applicant can complete a notice of delay form and send it to the Council. If they do not take action within one month or send a counter notice, the applicant may use an Operative Notice of Delay form.
8. The Council must then either move along the sale or send a counter notice to the tenant explaining what action it has taken or explain why it cannot progress the sale. If the Council does not reply within a month the tenant can complete a ‘operative notice of delay’ form. Any rent the tenant pays while waiting for the Council’s response can be taken off the sale price.
9. If a Council still does not act on notices of delay, a tenant may take their dispute to the County Court, under section 181 of the Housing Act. This makes provision for an applicant to ask the Court to decide any issue/disputes arising during their application to purchase. The Council would have the chance to put forward a defence, and the Court could decide the matter.
10. The law expressly provides this route for RTB disputes, so we normally expect people to use it. In these circumstances, I consider it would have been reasonable for Mrs X to use the notice of delay process and, if necessary, to go to court, to address any delays in the purchase of the property.
11. We will also not investigate how the Council dealt with Mrs X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

12. We will not investigate Mrs X’s complaint because it would have been reasonable for her to use the statutory delay procedure and if needed, the alternative court remedy.

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Investigator's decision on behalf of the Ombudsman