Summary: The Ombudsman cannot investigate Mr Q’s complaint about the Council’s handling of his housing register application. This is because he has gone to court about the matter.

The complaint

1. The complainant, whom I have called Mr Q, complained that the London Borough of Camden will not accept his housing register application. He said that, as a result, he has to live in unsuitable accommodation.

Back to top

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)

Back to top

How I considered this complaint

4. I considered the information Mr Q provided. I considered the information the Council provided. I considered our decision on a previous complaint Mr Q made to us.

Back to top

What I found

5. Mr Q has made several applications to go onto the Council’s housing register. The Council will not accept him onto its housing register as he has not provided relevant evidence.
6. Mr Q has made several judicial review applications to the High Court challenging the Council’s decisions on his housing register applications. He is currently awaiting the outcome of an appeal regarding his most recent judicial review application.
7. When we investigated Mr Q’s previous complaint we told him we cannot investigate when he has started judicial review proceedings. The same restriction applies in this case. As Mr Q has started judicial review proceedings against the Council over its refusal to accept him onto its housing register, we cannot investigate his complaint about the matter.

Back to top

Final decision

8. We cannot investigate Mr Q’s complaint because he has gone to court about the matter.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman