Summary: We cannot investigate this complaint about an alleged breach of human rights and the Council’s alleged failure to find somewhere suitable for Ms Q to move to. This is because Ms Q has started court action.

The complaint

1. The complainant, whom I have called Ms Q, complained about the actions of the London Borough of Tower Hamlets. She said the Council had breached her human rights and had failed to find a suitable property to move to from the nursing home where she lived temporarily.

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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 a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered the information Ms Q provided. I considered the information the Council provided.

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What I found

5. Ms Q lived in a nursing home temporarily. She complained to the Council about how the nursing home treated her and said she wanted to return to her own home. But she said she could not return to her own home because it was no longer suitable for her.
6. Ms Q wanted the Council to find her a suitable property to move to. She said the Council had failed to help her find a suitable property and that it had breached her human rights.
7. Ms Q has started court action against the Council about the matters she complained of. For this reason, therefore, we cannot investigate her complaint.

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Final decision

8. We cannot investigate Ms Q’s complaint because she has started court action about the matters complained of.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman