Summary: We have stopped investigating Mr and Mrs B’s complaint about the Council’s decision to remove them from its housing register. This is because Mr and Mrs B have applied to the Court to judicially review the Council’s decision. The complaint is therefore outside of our jurisdiction.

The complaint

1. Mr and Mrs B complain that after the Council offered them a property, it decided they were not eligible to be on its housing register and could no longer bid for properties.

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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 have:
• considered the complaint and the documents provided by the complainant; and
• considered the documents the Council has provided.

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What I found

Key events

5. Mr and Mrs B approached the Council for housing assistance in July 2018. The Council was satisfied that they were threatened with homelessness. It decided it had a duty to take reasonable steps to help them to keep their current accommodation or to find other suitable accommodation before they became homeless.
6. The Council also accepted Mr and Mrs B on to its housing register. It awarded priority Band 2 because the Council owed them the homeless prevention duty.
7. In January 2019, the Council decided it no longer had a homeless duty to Mr and Mrs B because it was satisfied that they were able to remain in their current accommodation, which it considered to be suitable.
8. Mr and Mrs B remained on the housing register and they regularly placed bids on properties which the Council advertised on its website.
9. After Mr and Mrs B were offered a property in May 2021, the Council decided they did not qualify for social housing because they did not have a recognised housing need.
10. In November 2021, Mr and Mrs B issued judicial review proceedings against the Council in relation to the Council’s cancellation of their housing application, and their removal from the Council’s housing waiting list.
11. The matter is currently being considered by the court. As Mr X has started court action, we cannot investigate this complaint.

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Final decision

12. I have stopped investigating this complaint because Mr and Mrs B have started court action about the matter.

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Investigator's decision on behalf of the Ombudsman