Summary: We will not investigate this complaint about a cancelled right to buy application as Mr X can take his case to court.

The complaint

1. Mr X complains about the Council’s handling, and cancellation of, his right to buy (RTB) application, which he says has caused him stress and anxiety. Mr X wants his application to be reinstated.

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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. 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. The court would provide a formal legal ruling which we are not empowered to do.
8. For these reasons, it is reasonable to expect Mr X to take his case to court and we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable to expect him to take his case to court.

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Investigator's decision on behalf of the Ombudsman