The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council preventing him from buying his council property. This is because it is reasonable to expect Mr X to go to court.
The complaint
In short, Mr X complains about being removed from a right to buy application and being accused of misrepresentation.
He says he has been caused stress and anxiety. He would like the Council to reinstate him on to the application and discount the final price.
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 Act 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)
What I found
The Housing Act 1985 provides a ‘Right to Buy’ applicant with the right to ask the County Court to decide any question arising during their application to purchase their council property. This includes questions over eligibility.
Mr X may now take his complaint to the County Court. I find it is reasonable for Mr to do this as the Court is in the best position to decide the issues complained about. And the procedure allows for rent to be taken off the purchase price if there has been delay.
Final decision
I will not investigate as it is reasonable to expect Mr X to use the legal remedy available to him via the County Court.
Investigator's decision on behalf of the Ombudsman