Royal Borough of Kingston upon Thames (24 016 158)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 06 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint that she was not told by the Council about changes in discount available through the Right to Buy scheme. We cannot investigate complaints about the Council’s management of social housing. Further, it is reasonable for Miss X to use her right of appeal to the District Valuer of she disagrees with the valuation of her property.
The complaint
- Miss X complained the Council did not tell her about changes to the Right to Buy discount.
- Miss X says this has affected her ability to buy her property and the original discount should be used.
The Ombudsman’s role and powers
- 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 another body better placed to consider this complaint, (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says the Council did not tell her about changes in discounts to the Right to Buy scheme. She says the original discount the Council initially calculated in November 2023 was critical in her decision to buy her property.
- In its complaint response, the Council said it was not responsible for the changes in discount or the notice period of three weeks, which were decisions made by Central Government. It said it was not under an obligation, as Miss X’s landlord to tell her about the changes.
- The Council told Miss X that it had received her completed Right to Buy application in December 2024, so it could only apply the discount effective on/after 20 November 2024.
- The provision and management of social housing is not within the Ombudsman’s jurisdiction. We cannot investigate a complaint about whether the Council should have told Miss X sooner about the changes in discount to the Right to Buy scheme. Further, if Miss X disagree with the valuation of her property, it would be reasonable to expect her to appeal to the District Valuer. For these reasons, we will not investigate further.
Final decision
- We cannot investigate Miss X’s complaint about the Council, acting as her landlord, because the management of social housing is out of jurisdiction for the Ombudsman. We will not investigate a complaint about the valuation of the property because it would be reasonable for Miss X to use her right of appeal to the District Valuer if she disagrees with the valuation,
Investigator's decision on behalf of the Ombudsman