Summary: The Ombudsman cannot investigate Ms X’s complaint about how the Council has assessed her housing need as Ms X is challenging the Council’s decision in court.

The complaint

1. Ms X complains the Council has not properly assessed her medical need for housing.

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The Ombudsman’s role and powers

2. 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

3. I have considered what Ms X said in her complaint and background information the Council has sent to me.

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What I found

4. Ms X complains about the way the Council has assessed her need for housing. Ms X says the Council has not properly considered her medical needs or those of her son.
5. The Council has advised that Ms X is challenging the Council’s decision in court by way of judicial review.

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Final decision

6. My decision is that the Ombudsman cannot investigate Ms X’s complaint as she has started court action about it. The Ombudsman therefore has no legal remit to become involved.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman