The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council failing to give him correct information, and the subsequent rejection of his application for the Right to Buy scheme. This is because it is reasonable to expect Mr X to take court action.
The complaint
Mr X complains the Council failed to let him know in time there was a possession order on his home, which needed to be removed before he could buy it.
It was picked up late in the application process and then his application was rejected just after the November 2024 changes to the discounts for council tenants.
Mr X wants to buy his home under the previous, more generous terms.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The law allows the county court to decide any dispute about the Right to Buy (Housing Act 1985, section 181). Mr X can ask the court to decide if the Council’s action’s and rejection of his application means the Council should apply the previous terms to his application. The court can make a binding order.
As the law provides this route for resolving such disputes, we normally expect applicants to use it, with legal advice if necessary. There might be some cost to court action, but that does not automatically make taking court action unreasonable, particularly in the context of a significant transaction such as buying a home. For these reasons, it is reasonable to expect Mr X to use the right to go to court.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to use the alternative court remedy available to him.
Investigator's decision on behalf of the Ombudsman