Summary: We will not investigate this complaint about how the Council has dealt with X’s Right to Buy application. There is a legal route for X to use, and it is reasonable for them to do so.

The complaint

1. X complains that the Council has delayed her Right to Buy application, preventing them from being able purchase their property.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Section 181 of the Housing Act provides Right to Buy applicants with a way to resolve disputes arising from the application through a county court. This route deals with all Right to Buy disputes apart from the valuation of a property.
6. A county court can consider any undue delays and can direct remedies if it considers it suitable to do so.
7. I will not investigate X’s complaint because it is reasonable for X to use the legal remedy available to them.

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Final decision

8. We will not investigate X’s complaint because it is reasonable for them to use the legal remedy available.

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Investigator's decision on behalf of the Ombudsman