Summary: The Ombudsman cannot investigate this complaint about the Council’s decision to end its homelessness duty to the complainant. This is because the complainant has started legal proceedings against the Council on this issue. The Ombudsman cannot investigate any issue that forms part of legal proceedings.

The complaint

1. The complainant, who I refer to here as Ms X, says that the Council:
• Has failed to offer her suitable accommodation since accepting a homelessness duty to her in 2012;
• Has not taken proper account of her health issues when assessing her as not eligible for any medical priority; and
• Has failed to follow the correct processes when discharging its homelessness duty to her.

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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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered the information provided by Ms X in support of her complaint. I have also considered the responses provided by the Council. I sent a draft decision to Ms X for comments.

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What I found

Homelessness

5. Homeless applicants may request a review of the suitability of accommodation provided by the Council under the main homelessness duty. They may also request a review of the Council’s decision to discharge its homelessness duty. If the applicant is dissatisfied with the outcome of a review they may appeal to the County Court on a point of law.
6. The Ombudsman would normally expect someone to request a review and, if necessary, appeal to the County Court.

What happened

7. The Council accepted a homelessness duty to Ms X in 2012.
8. In 2019, Ms X, who lives with her daughter, was evicted from accommodation provided by the Council.
9. Following this eviction, the Council made several offers of temporary accommodation to Ms X. After a number of these were refused by Ms X the Council discharged its homelessness duty. Ms X challenged the lawfulness of this eviction at the County Court.
10. The County Court instructed the Council to provide Ms X with temporary accommodation. Emergency accommodation was provided pending a review by the Council of its discharge decision.
11. Following the Council’s review, it offered Ms X temporary accommodation. The Council again discharged its duty towards Ms X when she refused this accommodation.
12. The Council’s discharge decision was reviewed on a number of occasions at the request of Ms X. In its final review upholding its discharge decision, the Council considered Ms X’s medical needs and explained why it considered the temporary accommodation was suitable. Ms X appealed to the court.

Assessment

13. As Ms X has started legal proceedings in relation to all aspects of her complaint, the restriction on the Ombudsman’s jurisdiction referred to in paragraph 3 applies to her complaint. This means we cannot investigate Ms X’s complaint because she has appealed to the court on this matter.

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Final decision

14. I cannot investigate Ms X’s complaint about the Council’s discharge of its homelessness duty. This is because she has already started legal action against the Council.

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Investigator's decision on behalf of the Ombudsman