Summary: We cannot investigate this complaint about the Council’s failure to properly assess and review the complainants housing needs. The Court has granted his right to apply for judicial review.

The complaint

1. The complainant, I shall call Mr X, says the Council failed to properly assess and review his housing needs.

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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. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2020, the Court gave Mr X permission to apply for judicial review of the Council’s decision concerning its review of his level of reasonable preference for housing. He says he settled the matter in 2021 as he was too ill to continue. However, he is seeking compensation as he did not know how to apply to the courts for damages.
7. The Ombudsman, following leading Counsel’s advice, has decided that if a complainant has made an application to the Court for permission to take judicial review proceedings this is “resorting to the remedy” (as referred to in paragraph 3 above). In such cases the Ombudsman cannot exercise his discretion to investigate.

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Final decision

8. We cannot investigate Mr X’s complaint because the matters complained of have been the subject of legal proceedings.

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Investigator's decision on behalf of the Ombudsman