Summary: We will not investigate Mr X’s complaint about the Council’s handling of his Right to Buy applications. There is insufficient evidence of fault and further investigation would not lead to a different outcome.

The complaint

1. Mr X complains the Council has repeatedly refused his Right to Buy applications. He says this has caused frustration and distress. He wants the Council to accept his application and reduce the sale price to compensate him for the delays and distress caused.

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The Ombudsman’s role and powers

2. 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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint response, the Council explained how it had considered his previous Right to Buy applications and why it had refused them.
6. It noted he had recently submitted a new application that the Council had accepted, subject to him providing evidence related to his identity and residency.
7. The Council has confirmed to us that Mr X provided the required information, and it accepted his Right to Buy application in November 2024. It has confirmed the sale is now proceeding.
8. We will not investigate this complaint. The Council has a duty to protect public funds and must be satisfied an applicant is eligible for the Right to Buy scheme before accepting an application. The Council has appropriately explained to Mr X its reasons for refusing his previous applications. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.
9. Since raising his complaint, the Council has accepted his application and the sale is now proceeding. An investigation by us would be unlikely to lead to a different outcome or achieve anything more.
10. Mr X also complained about poor complaints handling. In its complaint response, the Council apologised for the delays and offered him £50 compensation for the distress caused. This is an appropriate remedy and so we will not investigate this as it is unlikely we would achieve anything more.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and it is unlikely an investigation would lead to a different outcome or achieve anything more.

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Investigator's decision on behalf of the Ombudsman