Summary: We cannot investigate Mr X’s complaint about the Council’s handling of his housing application and issues in his temporary accommodation. Mr X has asked the court to consider these matters, so we have no power to investigate.

The complaint

1. Mr X complains the Council:
• Placed him in unsuitable temporary accommodation and failed to address the concerns he raised.
• Did not give him the correct priority on the housing register.
• Failed to provide him with adequate housing support.
• Entered his accommodation without permission.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has started court proceedings about the Council’s handling of his homelessness and housing case. We do not have the power to investigate this complaint because it is not separable from matters before the court.

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Final decision

7. We cannot investigate Mr X’s complaint. Mr X has asked the court to consider these matters, so we have no power to investigate.

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Investigator's decision on behalf of the Ombudsman