Summary: We will not investigate this complaint about repayment of a right to buy discount as it is reasonable to expect Mrs X to take her case to court.

The complaint

1. Mrs X complains the Council has refused to waive the discount she would need to repay if she sold her property, which was bought under the Right to Buy (RTB) scheme. Mrs X says this is impacting on her ability to move house.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The law allows the county court to decide any dispute about RTB, under the Housing Act 1985, section 181. The restriction in paragraph three therefore applies to this complaint.
7. As the law expressly provides this route for resolving such disputes, we would normally expect it to be used. Mrs X could take this action herself or with legal advice if necessary. There might be some cost to court action, but that alone does not automatically make taking court action unreasonable, particularly in the context of a house sale/purchase. The court would provide a formal legal ruling; we are not able to do so.
8. For these reasons, it is reasonable to expect Mrs X to use the right to go to court and we will not investigate.

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Final decision

9. We will not investigate Mrs X’s complaint because the law has provided a court remedy she can use and it is reasonable to expect her to do so.

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Investigator's decision on behalf of the Ombudsman