Summary: We will not investigate this complaint about the cancellation of a right to buy application as Miss X can take her case to court.

The complaint

1. Miss X complains the Council cancelled her right to buy (RTB) application without any reminders or cancellation notification. Miss X says this has had a significant impact on her mental health and has caused her stress and disappointment.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. 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.
7. 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.
8. The court would provide a formal legal ruling which we are not empowered to do.
9. For these reasons, it is reasonable to expect Miss X to take her case to court and we will not therefore investigate.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because she can take her case to court.

Back to top

Investigator's decision on behalf of the Ombudsman