Summary: We will not investigate this complaint about the Council’s failure to consider Mr X’s medical conditions when he applied for a change in banding on medical grounds. This is because the matters complained about are currently being raised in court.

The complaint

1. Mr X complained the Council failed to properly consider his medical conditions when he applied for higher house banding and excessively delayed responding to his application.

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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 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

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

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My assessment

6. Mr X applied to the Council for increased banding on medical grounds in December 2024 and supplied supporting information. The Council did not respond until May 2025 and told Mr X that it had rejected his application.
   Mr X eventually sought a judicial review of the Council’s decision.
7. Mr X wants us to find the Council at fault for failing to properly consider his medical evidence and delaying its response. The Ombudsman does not have discretion to investigate matters where the complainant has sought a remedy through court. As Mr X has taken the Council to judicial review, this is not a complaint we can investigate.

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Final decision

8. We will not investigate Mr X’s complaint because the matters complained about are currently being raised in court.

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Investigator's decision on behalf of the Ombudsman