The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of the complainant’s Right to Buy application. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect the complainant to use the legal notice of delay procedure and, if needed, to take the Council to court.
The complaint
In summary, Mr X says the Council has delayed processing his application to buy his home and he has been waiting since last year. He would like the Council to process it and refund the rent he has paid from the date of his application.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot normally investigate a complaint when someone could have taken the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to have gone 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 Ombudsman’s Assessment Code.
My assessment
There is a strict procedure with time limits for each stage of the RTB process. The procedure also provides for an applicant to serve a ‘notice of delay’ on the Council if they consider it is delaying the sale.
The Council must either move along the sale or send a counter notice to the tenant explaining what action it has taken or explain why it cannot progress the sale. If the Council does not reply within a month the tenant can complete a ‘operative notice of delay’ form. Any rent the tenant pays while waiting for the Council’s response can be taken off the sale price.
If a Council still does not act on notices of delay, a tenant may take their dispute to the County Court, under section 181 of the Housing Act. This makes provision for an applicant to ask the Court to decide any issue/disputes arising during their application to purchase.
The law expressly provides this route for RTB disputes, so we normally expect people to use it.
I find it is reasonable for Mr X, to use the notice of delay process and, if necessary, to go to court, to resolve his concerns.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to use the notice of delay procedure, and if needed, to take the Council to court.
Investigator's decision on behalf of the Ombudsman