Rotherham Metropolitan Borough Council (25 022 818)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 28 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mr and Mrs X’s Right to Buy application as there is a legal route for considering such matters. It would be reasonable for Mr and Mrs X to use that route.
The complaint
- Mr and Mrs X complain the Council would not agree to an increased discount when they made an application under the Right to Buy Scheme.
- Mr and Mrs X would like the Council to reconsider its decision and allow the increased discount.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr and Mrs X have made an application to buy a property under the Right to Buy Scheme. They believe the Council should offer them an increased discount.
- The Council has explained its position that it is not satisfied with the supporting evidence Mr and Mrs X have provided so it will not offer an increased discount.
- Section 181 of the Housing Act allows applicants under the Right to Buy Scheme to bring any disagreements about these applications to the County Court, apart from property valuations.
- As there is a specific route provided by law to deal with disputes like this one, we would expect that route to be used.
Final decision
- We will not investigate Mr and Mrs X’s complaint because there is an alternative legal route available to them and it is reasonable to expect them to use it.
Investigator's decision on behalf of the Ombudsman