The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refuse an application under the Right to Buy scheme. This is because it is reasonable to expect the complainant to challenge the decision in the courts.
The complaint
The complainant, who I will call Mr X, complains that the Council relied on inaccurate information to refuse his application to purchase his home under the Right to Buy scheme. Mr X says the Council’s decision means he has lost out on owning his home.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate this complaint because there is a legal remedy available to him through the courts, which it is reasonable to expect him to use. When a council refuses Right to Buy applications, Section 181 of the Housing Act gives the County Court the right to decide any question arising under the provisions relating to the right to buy scheme, other than the value of the property.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to challenge the Council’s decision through the courts.
Investigator's decision on behalf of the Ombudsman