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

The complaint

1. Mr X complains about extensive delays in the Council progressing with his Right to Buy application, and the way the matter was handled by the Council.
2. Mr X is seeking further financial redress, a further apology and changes to the Council’s process.

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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)

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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. Mr X made a Right to Buy application to the Council. Following extensive delays of a number of years, he complained about how the Council handled his application.
8. The Council offered Mr X £1,650 in recognition of the delays it had caused and how it had handled his application.
9. It referenced that it had already provided Mr X with the statutory remedy of a rent refund for the delay, amounting to about £40,000. The Council also confirmed that the period of delay would be deducted from the time bar in place for him to sell the property.
10. Section 181 of the Housing Act 1985 provides Right to Buy applicants a right to ask the County Court to decide on any matter relating to a Right to Buy application other than the property valuation.
11. Where an applicant has used this right, or it would be reasonable for them to do so, the Ombudsman will not provide a further investigation into what happened.

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Final decision

12. We will not investigate Mr X’s complaint because there is a legal route available to him which it would have been reasonable for him to use.

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Investigator's decision on behalf of the Ombudsman