Summary: We will not investigate Ms X’s concerns around the delay from the Council in making a suitability decision. This is because Ms X has commenced court proceedings. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate.

The complaint

1. Ms X complains about the delay from the Council in making a suitability decision about her property. She says it took the Council almost one year to decide regarding the suitability of her property.

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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 evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
5. I have used the Ombudsman’s Assessment Code.

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What I found

6. The Council has contacted the Ombudsman to say that it has received notice of court action from Ms X regarding a decision it made on suitability in January 2026.
7. On a ‘grounds for judicial review’ document, it confirms that Ms X is seeking for the courts to determine whether the Council is correct in stating the property is suitable. It also asks the courts for a determination regarding the length of time it took the Council to come to this decision.
8. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202)
9. After completing inquiries, the council must give the applicant a decision in writing. If it is an adverse decision, the letter must fully explain the reasons. All letters must include information about the right to request a review and the timescale for doing so. (Housing Act 1996, section 184, Homelessness Code of Guidance 18.30)
10. I cannot comment upon the time it took the Council to complete the suitability review, but the Council did complete this and provided Ms X with appeal rights. Ms X has used these appeal rights as she is entitled to do so.
11. As the court action encompasses the main areas of the complaint brought to us by Ms X, I cannot investigate this as it does not fall within our jurisdiction.

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Decision

12. We will not investigate Ms X’s complaint because court action has been commenced and this is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman