The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council refused to waive the discount repayment on a property purchased under the right to buy scheme. This is because there is insufficient evidence of fault with the Council’s decision.
The complaint
Miss X complains that the Council refused to waive the discount repayment on her property that she purchased under the right to buy scheme. Mrs X says there were exceptional circumstances that led to her decision to sell her property within the discount repayment period.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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
Miss X bought her home under the right to buy scheme and received a discount. Where someone who has received such a discount sells their home within five years, the Council can reclaim some or all of the discount. (Housing Act 1985, sections 155 and 155A, as amended) Miss X sold her property within five years and applied to the Council to waive the discount repayment. The Council met with Miss X and considered her reasons for requesting the waiver and additional information she provided. The Council rejected her application but did not consider that there were exceptional circumstances to waive the repayment and concluded that doing so would not place Miss X in financial hardship.
Miss X appealed the Council’s decision. The Council considered her review alongside her case file and additional information provided but upheld the decision not to waive the discount repayment.
I will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault with how the Council considered Miss X’s request to waive repayment of the discount or how it considered her appeal against this decision. The Council made these decisions in accordance with its policy and had due regard for relevant legislation and guidance when making its decision.
It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. Whilst Miss X may strongly disagree with the decisions taken by the Council, this does not mean it has done anything wrong.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman