Summary: We will not investigate this complaint about how the Council dealt with Ms X’s Right to Buy application. There is a specific legal process available to address such issues and it is reasonable for Ms X to use it.

The complaint

1. Ms X complains about the way the Council dealt with her Right to Buy application. She says the Council caused delays, did not communicate as it should have, did not accept her supporting evidence and eventually rejected her application.
2. Ms X says the Council has caused distress, frustration and prolonged uncertainty. She is seeking reinstatement of her application. She says her original application pre-dates the reduction in maximum discount rates, so the previous discount rate should be applied.

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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. 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)

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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. Ms X made a Right to Buy application to the Council. She says the Council missed calls and emails and caused unnecessary delays through the process.
8. Ms X says she provided the relevant supporting evidence, but the Council did not accept this and unfairly closed her application.
9. Since Ms X made her application, there have been changes in the Right to Buy Scheme which mean that if she were to make a new application she would be offered a lower discount than the Council previously offered.
10. Section 181 of the Housing Act allows all disputes about Right to Buy applications to be resolved by a county court. The only issue the court won’t consider is a property valuation.
11. The law specifically provides a route to resolve the issues Ms X has raised.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman