Summary: We will not investigate Mr Q’s complaint about the Council’s delay in dealing with his Right to Buy application. Part of the complaint is late. It would also have been reasonable for Mr Q to use the statutory Right to Buy delay procedure and, if necessary, go to court. Nor will we investigate Mr Q’s complaint about the Council’s failure to fence off land adjacent to his house and to make it part of his garden. This is because it is late.

The complaint

1. The complainant, whom I have called Mr Q, complained that Leeds City Council took too long to deal with his Right to Buy (RTB) application to buy his council house. He also complained that the Council failed to fence off land adjacent to his house during estate renovation works to make it part of his garden. Mr Q said he lost money because of the Council’s fault.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We may decide not to start or continue with an investigation if we believe there is a statutory process available that would address the matter, and that it would be reasonable for the person to use that process. (Local Government Act 1974, section 24A(6), as amended)
5. 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

6. I considered the information Mr Q provided. I considered the information the Council provided. I considered Mr Q’s response to a draft of this decision.

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What I found

Background

7. The Housing Act 1985 (the Act) sets out the RTB process. The Act allows tenants to serve an “initial notice of delay” form if they think the Council is taking too long to progress the sale. The Council must then either progress the sale within a month or send a counter notice to the tenant. The counter notice will explain what action the Council has already taken or explain why it cannot progress the sale.
8. If the Council does not reply within a month the tenant can complete an “operative notice of delay” form. Any rent the tenant pays while waiting for the Council’s response can be taken off the sale price.
9. If the Council still does not act on the notices of delay, a tenant may take their dispute to the County Court under section 181 of the Act. The County Court may decide any question about the RTB scheme, other than the value of the property.

What happened

10. In 2014 the Council renovated Mr Q’s housing estate. The Council’s plans showed it would fence off land at the side of Mr Q’s house, so making it part of his garden. Mr Q said he checked this with the Council several times and it assured him it would be fencing the land. But it later failed to do so and, by this time, Mr Q had already bought plants and gardening equipment to use on the land. He did not complain to the Council at the time.
11. In April 2019 Mr Q made a RTB application to buy his council house. He completed his purchase in October 2020.
12. Mr Q complained to the Council about both matters in July 2020. The Council refused to consider his complaint about the land because it was late. It accepted it was responsible for some of the delay in the RTB process. But it said Mr Q was aware of the delay procedure and could have used this if he wanted his rent payments taken off the sale price of his house.
13. Mr Q complained to us in November 2020. He explained he had not complained sooner because of his mother’s and his wife’s ill health. He also said he had twice served an “initial notice of delay” which the Council responded to.

Assessment

14. We will not investigate this complaint.
15. The Council’s alleged failure to fence off the land happened in 2014. Mr Q did not complain to us for six years. So the complaint is late. I understand Mr Q’s mother and wife were both unwell. But I do not think this is a good reason for us to investigate so many years after the events complained of, particularly as Mr Q did not complain to the Council at the time.
16. Part of Mr Q’s complaint about the Council’s handling of his RTB application is also late. But even if this were not the case, it would have been reasonable for Mr Q to serve further “initial notices of delay” for any other periods of delay if he wanted his rent payments taken off the sale price of his house. If necessary, he could then have gone to court.

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Final decision

17. We will not investigate this complaint for the reasons given in the Assessment.

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Investigator's decision on behalf of the Ombudsman