Summary: We will not investigate this complaint about how the Council has dealt with Mr X’s Right to Buy applications as there is a legal route available to him. It would be reasonable to expect Mr X to use the legal process in this matter.

The complaint

1. Mr X complains the Council has made mistakes which has delayed him buying his property through the Right to Buy Scheme.
2. Mr X says the Council has caused distress and financial loss as he has been paying rent when those payments could have been paying off a mortgage.
3. Mr X would like the Council to work out the correct valuation of his property, repay his financial losses, consider financial recognition of the distress caused and review its processes.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
5. 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

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

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My assessment

8. Section 181 of the Housing Act 1985 provides Right to Buy applicants a right to ask the County Court to decide on any issue about Right to Buy, other than to provide a valuation of the property.
9. Mr X has already approached the District Valuer to provide a valuation of the property. Once he has this, he can take his matter to court to decide.
10. As the law says we wont investigate matters which someone could take to court, this is not a complaint we will investigate.

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Final decision

11. We will not investigate Mr X’s complaint because he has a legal route available to him which it would be reasonable for him to use.

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Investigator's decision on behalf of the Ombudsman