The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council are responsible for delays completing an application under the right to buy scheme. This is because it would be reasonable to expect the complainants to use the legal remedy available to him under the right to buy procedure.
The complaint
The complainant, who I will call Mr X, complains that the Council has delayed completing the sale of his property under the right to buy scheme.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
There is a strict procedure with time limits for each stage of the right to buy process. The Housing Act 1985 provides for a Right to Buy applicant to serve a notice on the Council if they consider it is delaying the sale.
If the Council does not reply within a month the tenant can complete a ‘operative notice of delay’ form. Any rent the tenant pays while waiting for the Council’s response can be taken off the sale price.
If a council still does not act on notices of delay, a tenant may take their dispute to the County Court, under section 181 of the act. This section of the Housing Act makes provision for an applicant to ask the Court to decide any issue arising during their application to purchase.
We will not investigate Mr X’s complaint. This is because it is reasonable to expect him to use the legal process set out above. This is because they are the specific methods parliament provided to deal with right to buy disputes. The courts are in the best position to decide the issues complained about if they remain unresolved.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to use the legal remedy available to him.
Investigator's decision on behalf of the Ombudsman