The Ombudsman's final decision
Summary: We will not investigate this complaint about delays to the complainant’s ‘right to buy’ application, repairs to her home and temporary accommodation. It is reasonable to expect the complainant to use the court remedy available to her on the right to buy issue. Concerns about repairs needed to her home and temporary accommodation while the repairs are carried out is outside our jurisdiction. Finally, we cannot achieve the outcome the complainant is seeking.
The complaint
Mrs X complains the Council: has delayed unreasonably progressing her application to buy her home; and delayed completing repairs to the property.
Mrs X says this caused stress, put her to time and trouble pursuing matters and affected her financially, including with mortgage broker and solicitor fees.
She also complains the Council failed to offer her suitable alternative accommodation.
Mrs X wants: financial compensation to cover financial losses; and to be offered a suitable Council home in another borough.
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) We investigate 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 or continue an investigation if we decide: we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X, a Council tenant, sought the right to buy in 2018. The purchase is not yet complete. If a ‘right to buy’ applicant believes the Council is delaying unduly, they can serve delay notices on the Council. After a delay notice takes effect, any rent the person then pays is deducted from the purchase price when the sale completes. I understand Mrs X asked the Council for a notice of delay form in May 2022 which it provided. However, she did not serve the notice, or complete the notice of delay process.
The law allows the county court to decide any dispute about the right to buy, except for disputes over the property’s value. The restriction in paragraph five therefore applies to Mrs X’s complaint about delay with her right to buy application. If Mrs X believes the Council has delayed unreasonably and should progress matters quicker, she can ask the court to make an order to that effect. Mrs X has had that right throughout the process. The court can consider her case and any defence the Council might put forward.
As the law expressly provides this route for resolving such disputes, we normally expect applicants to use it. I understand Mrs X has been and is currently unwell. However, the process has been ongoing for six years and she has had the right to court action throughout that time. Therefore, we consider it is reasonable to expect Mrs X to use her right to go to court.
The Council’s actions about the disrepair and its failure to provide suitable alternative accommodation while waiting for the repairs to be completed are matters about its management of social housing as a registered social housing provider. The restriction in paragraph seven applies. The law prevents us considering this point.
Finally, Mrs X wants us to require the Council to arrange for her to receive a council house with an automatic right to buy outside the borough. This is not something the Ombudsman can achieve.
Final decision
We will not investigate Mrs X ’s complaint because: it is reasonable to expect her to use the legal remedy specifically set up to deal with delays in the right to buy process complaints about the disrepair in her home and an offer of unreasonable alternative accommodation are outside our jurisdiction; and we cannot achieve the outcome Mrs X is seeking.
Investigator's decision on behalf of the Ombudsman