Birmingham City Council (25 012 007)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 16 Dec 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council cancelling Miss X’s right to buy application in 2022. This is because the complaint is late and there is no good reason to exercise discretion to investigate.

The complaint

  1. Miss X complained the Council wrongly cancelled her right to buy application in 2022.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)

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How I considered this complaint

  1. I considered information provided by Miss X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X complained to the Council in February 2024 regarding a right to buy application she made in 2021. She said the Council wrongly cancelled the application. The Council did not uphold the complaint, stating that Miss X failed to return a form in time.
  2. Miss X wants us to find the Council at fault. The evidence shows the events complained about took place more than 12 months before Miss X referred the matter to us. Miss X did not formally complain to the Council until February 2024. This was over 12 months after the events complained about took place. She then did not bring the matter to us until August 2025. It would have been reasonable for her to complain to us sooner. There is no good reason to exercise discretion to investigate.

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Final decision

  1. We will not investigate Miss X’s complaint because the complaint is late and there is no good reason to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman

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