Summary: We will not investigate this complaint about the Council’s rejection of a Right to Buy application. It was reasonable for Mr X to challenge the Council’s decision in the County Court.

The complaint

1. Mr X complained about the Council’s rejection of his Right to Buy application for his council home. He says that he believes the Council should not have used the grounds for rejection on the basis of it being adapted for disabled persons.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X says he applied to buy his Council home in 2023. In December he received the Council’s RTB2 letter which told him that the Council has rejected his application because the property was adapted for disabled persons and therefore it was exempt from being sold under the Housing Act 1985.
6. Mr X believes that the adaptations were made for a shower whilst he was a tenant and he contacted a solicitor because he believes the property should not be exempt.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made. In this case the Council followed the Right to Buy process correctly and issued the RTB2 letter as required.

8. The Housing Act 1985 carries a provision for applicants who wish to buy their homes to challenge any matters arising in the procedure in the County Court or the First Tier Tribunal for elderly persons adapted property. It is reasonable for Mr X to challenge the Council’s rejection of his application by way of the court.

Back to top

Final decision

9. We will not investigate this complaint about the Council’s rejection of a Right to Buy application. It was reasonable for Mr X to challenge the Council’s decision in the County Court.

Back to top

Investigator's decision on behalf of the Ombudsman