Summary: We will not investigate this complaint about the Council’s actions after Ms X asked for support with her impending homelessness. That is because Ms X applied to the Court to judicially review the Council, therefore this complaint is outside of our jurisdiction.

The complaint

1. Ms X complained about the support the Council provided after she told it about her impending homelessness. She said:
• it ignored the Public Sector Equality Duty when it delayed in providing her and her family interim accommodation until the point of eviction.
• the steps set out in her Personalised Housing Plan, were not sufficient to help prevent homelessness.
2. She also complained the information the Council provided about waiting times on its housing register was inaccurate giving false expectations and hope.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
5. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X started judicial review proceedings about the Council’s actions in relation to her homelessness and her Personalised Housing Plan. The Ombudsman has no jurisdiction to investigate where a person had made an application to the Court for judicial review even if the application is rejected or withdrawn before the hearing. Therefore, Ms X’s complaint about these issues is outside of our jurisdiction.
9. In response to Ms X’s complaint about housing allocation waiting times, the Council explained these times were approximate and that it made offers of property based on an applicant’s priority status and availability. Although Ms X feels this information is inaccurate, we will not investigate this complaint further as there is insufficient evidence of fault to justify our involvement.

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Final decision

10. We will not investigate Ms X’s complaint because she has applied to the Court to judicially review the Council therefore her complaint is outside of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman