Summary: We will not investigate this complaint about how the Council dealt with Mr X’s Right to Buy application. This is because Mr X can ask a County Court to consider his matter and it is reasonable for him to do so.

The complaint

1. Mr X complains the Council has not progressed his Right to Buy application for three years.
2. Mr X says the Council has caused him stress and would like the Council to progress his application now.

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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 in 2023. He complained he has still not been able to buy his home.
8. The Council has given him reasons the matter has been delayed and why the application could not be completed.
9. Section 181 of the Housing Act gives Right to Buy applicants a specific legal route follow where there is an issue with how a Council has dealt with an application.
10. The Court can decide whether the delays are reasonable and what the Council should do if they are.

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Final decision

11. We will not investigate Mr X’s complaint because there is an alternative legal route available to her which it would be reasonable for him to use.

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Investigator's decision on behalf of the Ombudsman