Summary: We will not investigate this complaint about Mr X’s Right to Buy application as there is a legal route available to him, which it would be reasonable for him to use.

The complaint

1. Mr X complains the Council unfairly cancelled his Right to Buy application.
2. Mr X would like his application to be reinstated and a valuation to be sought from a District Valuer.

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. 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)

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 applied to buy a property under the Right to Buy Scheme. The Council provided an offer to sell the property.
8. Mr X disagreed with the Council’s valuation of the property, and said he wished to get an independent valuation.
9. Mr X asked the Council to extend its deadline for his response to its offer.
10. The Council said Mr X had three months from the date of its offer and if he did not respond by then, the Council would extend its deadline by 28 days.
11. The Council went on to close the application, and Mr X says it was wrong to do so.
12. Under s181 of the Housing Act, Right to Buy applicants can bring any dispute about the application, other than a valuation, to the County Court.
13. The complaint here is whether the Council closed the application correctly. This is an issue the County Court can decide. Although it will not provide a property valuation, it can consider whether the application should be re-opened.
14. The law provides a specific route to resolve issues about Right to Buy applications, and it is reasonable for Mr X to use it.

Back to top

Final decision

15. 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