Summary: We will not investigate Mr C’s complaint that there was fault in the way the Council reached its decision not to accept a housing duty to him. This is because it was not unreasonable to expect him to use his right of appeal to the county court, and if he has already started court proceedings, we cannot investigate his complaint.

The complaint

1. The complainant, Mr C, complained that there was fault in the way the Council reached its decision not to accept a housing duty to him.

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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 law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to 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

5. I have considered the information Mr C provided. Mr C has had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. In November 2019 Mr C sought assistance from the Council because he was homeless. In March 2020 the Council decided it did not owe a housing duty to him because he was intentionally homeless.
7. We normally expect people to use the specific review and appeal rights the law provides. Mr C requested a review of the Council’s decision. In August 2020 the Council reached its review decision. It upheld its original decision. The Council told Mr C he had the right of appeal to the county court.
8. A complaint to us is not a substitute for the right of appeal to the county court. It was not unreasonable to expect Mr C to use his right of appeal if he thought there were ground to challenge the Council’s decision. The county court has powers we do not have to quash or vary the Council’s decision.
9. When Mr C complained to us he said he cannot wait to get his case to court. If he has used his right of appeal and started court proceedings, we have no jurisdiction to investigate his complaint.

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Final decision

10. We will not investigate this complaint. This is because it was not unreasonable to expect Mr C to use his right of appeal to the county court, and if he has already started court proceedings, we cannot investigate his complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman