Summary: We will not investigate this complaint about how the Council dealt with Ms X’s Right to Buy application. There is a legal route available for Ms X to use, and it would be reasonable for her to do so.

The complaint

1. Ms X complains the Council delayed her Right to Buy application, would not accept her supporting evidence and eventually cancelled the application.
2. Ms X says the Council’s actions have prevented her from being able to purchase the property, financial loss and significant distress. She would like the Council to reinstate her application.

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. Ms X made an application under the Right to Buy Scheme. She says the Council treated her unfairly by delaying her matter, by not accepting her supporting evidence and by then cancelling her application.
8. Section 181 of the Housing Act provides Right to Buy applicants with a way to resolve disputes arising from the application through a county court. This route deals with all Right to Buy disputes apart from the valuation of a property.
9. A county court can consider any undue delays, why and how the Council cancelled the application and can direct remedies if it considers it suitable to do so. This includes telling the Council to reinstate the application.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because there is a specific legal route available to deal with her issue and it is reasonable for her to use it.

Back to top

Investigator's decision on behalf of the Ombudsman