The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council delaying its verification of a right to buy application for a Council property. It is reasonable for Mrs X to use the statutory delay procedure provided by the legislation to seek a remedy for the delay.
The complaint
Mrs X applied to buy her Council home and was made an offer in late 2023. She accepted the offer and provided information to the Council within the required timescale. The Council has delayed since she provided the information and she is concerned that her time-limited mortgage offer will expire if the Council delays further.
The Ombudsman’s role and powers
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 it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X applied to buy her Council home in 2023. She received an offer form the Council and accepted it. She sent in details of her mortgage offer in December 2023 and in January she was informed by the Council that it needed to undertake a verification procedure which may take up to 6 weeks. This was ongoing when she complained to the Council in March.
Mrs X completed the complaints procedure in April but the verification was still ongoing. She is concerned that her mortgage offer may expire before the sale is completed and she may find it difficult to find another offer at the same price.
The Right to Buy procedure includes provisions for the purchasing tenant to serve delay notices on the Council if the timescales for the various stages are exceeded. The initial notice or RTB6 can be served when delay occurs and an operative notice of delay RTB8 may be served if there is not response within a month.
Mrs X is represented by a solicitor in the purchase and it is reasonable for her to use the delay procedure provided by the government guidance.
Final decision
We will not investigate this complaint about the Council delaying its verification of a right to buy application for a Council property. It is reasonable for Mrs X to use the statutory delay procedure provided by the legislation to seek a remedy for the delay.
Investigator's decision on behalf of the Ombudsman