The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council turning down Mrs X’s Right to Buy application. It was reasonable to expect Mrs X to challenge the refusal by using her specific appeal rights to go to court.
The complaint
Mrs X complains about the Council’s failure to backdate her right to buy (RTB) application to the first time she applied. Mrs X says she has been caused significant stress and frustration.
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 Mrs X which includes the Council response to her complaint. I also considered the Ombudsman’s Assessment Code.
My assessment
The Housing Act 1985 carries a specific provision (at section 181) for RTB applicants to challenge any matters arising during the process in the county court.
Therefore, it was reasonable to expect Mrs X to challenge the Council’s refusal of her application via court. This is because the court can overturn the Council’s decision and make a binding order, which the Ombudsman could not do.
Final decision
We will not investigate Mrs X’s complaint because it was reasonable to expect her to go to court.
Investigator's decision on behalf of the Ombudsman