West Northamptonshire Council (25 021 674)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 15 Sep 2026

The Ombudsman's final decision:

Summary: We cannot investigate Mr X’s complaint about the Council's handling of his housing register application. Mr X has started court proceedings, so we do not have the power to consider his complaint.

The complaint

  1. Mr X complains the Council:
    • Changed his housing priority from Band A to Band C after changes to its housing register and system.
    • Failed to recognise that his accommodation is unsuitable.
    • Delayed dealing with his housing application and review request.
    • Managed his complaint poorly.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X has started a Judicial Review claim. Mr X has included the Council’s housing priority decision, its assessment of the suitability of his accommodation, the lack of alternative accommodation or a medical decant, and delay in the housing decision-making process in his Judicial Review claim. As Mr X has asked the Court to consider the Council’s actions, we do not have the power to investigate these matters.
  2. Mr X also complains of poor communication and complaint handling. We will not investigate this part of Mr X’s complaint because it is not a good use of public resources to investigate complaints about complaint handling when we cannot look at the substantive issues.

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Final decision

  1. We cannot investigate Mr X’s complaint. Mr X has started court proceedings, so we do not have the power to consider his complaint.

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Investigator's decision on behalf of the Ombudsman

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