The Ombudsman's final decision
Summary: We will not investigate this complaint about the cancellation of a house purchase under the right to buy scheme. It is unlikely we could find fault in the Council’s actions.
The complaint
The complainant, I shall call Mrs X, says the Council cancelled her application to buy her house under the right to buy scheme. She must reapply if she wants to proceed.
The Ombudsman’s role and powers
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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says it sent Mrs X’s solicitors a draft purchase pack in April. As it did not receive any response, it cancelled the application in July.
Mrs X says her solicitors advise they did not receive the draft purchase pack. However, her solicitors wrote to Mrs X in April and May advising they had not heard from the Council. I have seen no evidence to show that Mrs X contacted the Council to ask what was happening.
I will not investigate Mrs X’s complaint that the Council cancelled her application. This is because it is unlikely we would find fault. The Council sent a draft information pack and from the information I have seen there was no reason for the Council to believe it was not received. It cancelled the application when it did not receive a response.
Final decision
We will not investigate Mrs X’s complaint that the Council cancelled her application. This is because it is unlikely we would find fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman