Summary: We cannot investigate this complaint about the complainant’s homelessness application because the matters have been addressed in court.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has treated him badly and has not provided him with social housing. He wants the Council to provide him with a permanent home.

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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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I read the complaint and the Council’s responses. I considered some of the court decisions and comments Mr X made in reply to a draft of this decision.

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What I found

What happened

6. Mr X made a homelessness application in 2016. The Council accepted the application but then discharged its duty because it said Mr X had refused a reasonable offer of accommodation. There have been court cases about the Council’s decisions and the final outcome, as decided in court, was that the Council owed no housing duty to Mr X. In 2019, the court ordered Mr X to pay the Council’s costs. Mr X agrees there has been court action but says the court has not made a final decision about the homelessness application and has not decided the Council does not owe him a housing duty.
7. Since 2018 the Council has, at various times, invited Mr X to submit a new homelessness application or make an application to the housing register. The Council says Mr X has not made any new applications. Mr X says the Council has not invited him to make a new application.

Assessment

8. The law says we cannot investigate any matter that has been considered in court. The issues relating to Mr X’s homelessness application have been considered in court so I cannot start an investigation. This restriction applies as soon as legal action starts and applies even though Mr X says the court has not yet made a final decision about the homelessness application.
9. Mr X does not have an open homelessness or housing application so the Council has no duty to provide him with social housing. Mr X can submit a homelessness application or a housing application but it would be for the Council, not us, to determine the outcome. Mr X says the Council did not invite him to make a new application but he is aware he can make an application.

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Final decision

10. I cannot start an investigation because the matters have been considered in court.

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Investigator's decision on behalf of the Ombudsman