Summary: We will not investigate this complaint that the Council has delayed processing a Right to Buy application. This is because it is reasonable for the complainant to ask the courts to make a ruling.

The complaint

1. X complains that the Council has delayed processing their Right to Buy (RTB) application. X says they are paying rent on the property for longer than needed.

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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).
7. I will not investigate X’s complaint. The law provides a procedure whereby an applicant can challenge RTB delays which can result in rent payments being deducted from the final sale price. This is the procedure provided in law, and it is reasonable to expect X to use it.

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Final decision

8. We will not investigate X’s complaint because there is a delay procedure available to X in law and it is reasonable to expect them to take court action, if needed.

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Investigator's decision on behalf of the Ombudsman