Summary: Miss X lodged a Judicial Review against the Council on the same issues so her complaint about temporary accommodation is out of jurisdiction and we cannot investigate.

The complaint

1. The complainant, Miss X, complains that the Council has placed her in temporary accommodation for 9 years. She complains the Council has delayed carrying out repairs to temporary accommodation and has not taken into account all of the evidence when reviewing the families housing priority in February 2025.
2. Miss X complains that the Council started eviction proceedings before offering alternative temporary accommodation. Miss X says that the current accommodation is unsuitable and has caused injuries and worsened her families health conditions.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
5. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.

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What I found

7. After making enquiries on this complaint, Miss X lodged a Judicial Review against the Council in the court.
8. The Judicial Review includes all of the complaints Miss X has made to the Ombudsman:
• That her temporary accommodation is unsuitable and the Council unlawfully relied on the 2023 suitability decision.
• That the Council has not taken into account all of the new evidence when reviewing the families housing priority in February 2025, including the CAMHS recommendation for an additional room for her son and outdoor space.
• That the Council has started eviction proceedings before offering alternative temporary accommodation. The Judicial Review includes that the Council started eviction proceedings while a review and Ombudsman investigation was ongoing. Miss X’s Judicial Review also seeks an interim injunction restraining enforcement of possession so considers this point.
• That the Council has delayed carrying out repairs to her temporary accommodation. The Judicial Review includes that the Council is in breach of repair and safeguarding duties, specifically mentioning the stair carpet, leaks, mould and so considers these points.
9. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
10. As Miss X has lodged a Judicial Review in the courts, we cannot investigate her complaint.

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Decision

11. I have ended my investigation as Miss X has started court proceedings and so the complaint is now out of jurisdiction.

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Investigator's decision on behalf of the Ombudsman