Summary: We will not investigate Ms X’s complaint about a Right to Buy application because it is late and we see no good reason to exercise discretion and consider it now.

The complaint

1. Ms X, on behalf of her sister Ms Y, complains about the Council’s handling of Ms Y’s application to buy her council house with her then husband. She says the Council did not include Ms Y on the application and property deeds.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2022 Ms Y found that her name was neither on the property deeds, nor on the Right to Buy application. The complaint is therefore late.
7. Ms X says her sister was unwell and unable to handle the complaint. Ms Y gave consent for Ms X to represent her in early 2023. This is still more than 12 months ago and so late.
8. I find no good reason to exercise discretion and so will not investigate this complaint.

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Final decision

9. We will not investigate Ms X’s complaint because it is late and I see no good reason to exercise discretion and consider it now.

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Investigator's decision on behalf of the Ombudsman