The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing to waiver the Right to Buy discount repayment requirement. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Miss X, thinks the Council should waiver the requirement to repay the Right to Buy (RTB) discount if she moves within five years of purchasing her property, as she says anti-social behaviour (ASB) by her neighbour means she can no longer live in her home, and it is causing her mental and physical health to decline.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) And we cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council, which included their complaint correspondence.
I also considered our Assessment Code, and the government guidance ‘Right to Buy – the use of discretionary powers on repayment of discount’.
My assessment
I appreciate Miss X is very upset by the Council’s decision not to waiver the repayment requirement. But the Ombudsman does not offer a right of appeal against that decision. Rather, we consider whether there is evidence of administrative or procedural fault in the way the decision was made.
I find there is not enough evidence of fault in the Council’s decision-making process to justify the Ombudsman starting an investigation. In reaching this view, I am mindful the Council has considered Miss X’s medical evidence, her ASB allegations, and the results of its investigation into the ASB, and it has explained the reasons for its decision to Miss X.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault in the way the Council assessed her request for the repayment to be waivered.
Investigator's decision on behalf of the Ombudsman