London Borough of Southwark (25 025 750)

Category : Housing > Council house sales and leaseholders

Decision : Closed after initial enquiries

Decision date : 03 Jun 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about Ms X’s Right to Buy application. This is because there is a legal route available for her dispute and it would be reasonable for her to use it.

The complaint

  1. Ms X complains about the way the Council has dealt with her Right to Buy application, saying there have been errors and delays which have caused significant distress and uncertainty.
  2. Ms X is seeking a review of the process the Council has followed, compensation and for the Council to be directed to issue an amended s125 notice.

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The Ombudsman’s role and powers

  1. 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)
  2. 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

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X made a Right to Buy application to the Council. She was unhappy with the way the Council dealt with her application and the time taken. In November 2025, she sent a pre action protocol letter to the Council setting out the reasons she believes the Council has not followed the process correctly.
  2. Ms X has brought her complaint to the Ombudsman to consider.
  3. Under s.181 of the Housing Act an applicant under the Right to Buy Scheme can bring any dispute arising from their application, other than valuation of the property, to the County Court to decide.

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Final decision

  1. We will not investigate Ms X’s complaint because the law specifically provides a route for Ms X’s situation, and it would be reasonable for her to follow that route.

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Investigator's decision on behalf of the Ombudsman

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