Summary: Miss E complained about the Council’s operation of its allocations policy. I have discontinued my investigation, as Miss E has an alternative remedy available to her.

The complaint

1. The complainant (Miss E) complains about the Council’s operation of its allocations policy. She says, as a result, the Council has not rehoused her family.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. When someone has sought a remedy by way of proceedings in any court of law, the courts have said we cannot investigate. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
5. We may decide not to start or continue with an investigation if there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered evidence provided by Miss E and spoke to her. I also considered relevant law and policy relating to the Ombudsman’s jurisdiction.
7. Miss E and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

8. In the autumn of 2024 Miss E complained to the Council about how it had administered her application to its housing register. The Council’s response accepted fault and made Miss E an offer as a settlement. Miss E was dissatisfied with the Council’s response and she complained to the Ombudsman.
9. In early 2025, while waiting for the Ombudsman to allocate her complaint to an Investigator, Miss E made a new complaint about finding her a property. The Council upheld her new complaint.
10. Miss E advises she has now instructed a solicitor and started pre-action proceedings against the Council. They intend to continue with judicial review action, unless the Council resolves the issue of her housing need.

Analysis

11. Miss E advises she has instructed solicitors and begun the pre-action steps for a judicial review against the Council. As the action has not yet started, the Ombudsman is not barred from considering Miss E’s complaint.
12. But judicial review is an alternative court remedy available to Miss E which, if necessary, she intends to take. So, given the likelihood that either the Council will resolve the issue or Miss E will take action, I am discontinuing my investigation, as there is no worthwhile outcome we can achieve at this stage.

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Final decision

13. I have discontinued my investigation as there is no worthwhile outcome the Ombudsman can achieve.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman