Summary: We will not investigate this complaint about how the Council dealt with Mr X’s Right to Buy application. This is because there is a specific legal route to deal with such matters and it would be reasonable for Mr X to use it.

The complaint

1. Mr X complains the Council has treated his application as being made in June 2025 although he has said he sent an earlier application in November 2024. He says the Council has not met its responsibilities under the Equality Act in reaching its decision.
2. Mr X says the Council’s decision is causing him a substantial financial loss as the Council is applying a reduced discount based on the later application date.

Back to top

The Ombudsman’s role and powers

3. 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)
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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X says he made a Right to Buy application to the Council in early November 2024 but does not have any proof of sending.
8. On 21 November 2024, the UK government changed the rules which apply to the Right to Buy Scheme. The maximum discounts that can be applied were heavily reduced for all applications following this date.
9. Mr X sent a further application in June 2025 by tracked delivery, which the Council received.
10. Mr X says the reason he does not have proof of sending an application before the discounts were reduced is linked to his disabilities which cause brain fog and forgetfulness.
11. The Council has said it cannot apply the earlier discount unless it has evidence it was sent as this would be against current legislation. The Council has explained the ways in which it has considered whether there is a reasonable adjustment it can apply and why this does not change its decision.
12. Under section 181 of the Housing Act, all Right to Buy application disputes, apart from property valuations, can be taken to a county court for resolution.
13. This is a specific route provided in law for Mr X’s situation, and it would be reasonable for him to use it.

Back to top

Final Decision

14. We will not investigate Mr X’s complaint because there is a legal route available to him and it is reasonable for him to use it.

Back to top

Investigator's decision on behalf of the Ombudsman