Summary: We will not investigate this complaint about the Council’s decision to cancel Mrs X’s right to buy application. This is because Mrs X can ask the court to consider her case. Mrs X’s complaint about the Council’s response to her request for information is best dealt with by the Information Commissioner’s Office.

The complaint

1. Mrs X complains about the Council’s handling of her right to buy (RTB) application and its ultimate decision to cancel it. Mrs X also complains the Council failed to provide information she has requested from it in respect of telephone records. Mrs X says she is now unable to buy her house and has been caused wasted time and stress.

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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)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), 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. Section 181 of the Housing Act 1985 provides a RTB applicant with the right to ask the County Court to determine any question arising under Part V of the Act (all the provisions relating to RTB). The restriction in paragraph three therefore applies to this complaint.
8. As the law expressly provides this route for resolving such disputes, we would normally expect RTB applicants to use it, with legal advice if necessary. There might be some cost to court action, but that alone does not automatically make taking such action unreasonable, particularly in the context of a house purchase. The court would provide a formal legal ruling which we are not empowered to do.
9. For these reasons, it is reasonable to expect Mrs X to use the right to go to court and we will not investigate.
10. The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of information rights and is best placed to assess how the Council dealt with Mrs X’s information request. We will not therefore investigate this aspect of the complaint.

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Final decision

11. We will not investigate Mrs X’s complaint because it is reasonable to expect her to take her case to court. The ICO is best placed to assess the aspect of the complaint about the Council’s response to Mrs X’s information request.

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Investigator's decision on behalf of the Ombudsman