Summary: We will not investigate this complaint about the housing priority awarded to Ms Y. Ms X, on behalf of Ms Y, started court action so we do not have discretion to investigate the complaint.

The complaint

1. Ms X complains on behalf of Ms Y. She complains the Council failed to properly consider Ms Y’s circumstances and medical information when considering her request for a review of her housing priority band. As a result, the Council did not award sufficient housing priority to Ms Y which prevented her from moving to more suitable accommodation.

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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 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. 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)

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms Y applied for the Council’s housing register as she wished to move from her property due to anti social behaviour. The Council considered Ms Y qualified for the housing register and placed her in band three. Ms X, on behalf of Ms Y, requested a review of this decision as she thought the Council should award higher priority to her. The Council considered its decision to place Ms Y in band three was correct.
8. Ms X applied to a court for a judicial review of the Council’s decision. Ms X provided a copy of a consent order which shows she agreed to withdraw the judicial review proceedings. This was because the Council agreed to withdraw its review decision and consider Ms Y’s priority band again.
9. We do not have discretion to investigate Ms X’s complaint as she made an application to the court about this matter. Ms X withdrew her application but we consider a person has used their alternative remedy when they have applied to the court. So, we cannot investigate Ms X’s complaint.

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Investigator's decision on behalf of the Ombudsman