London Borough of Hounslow (23 001 818)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 11 Jun 2023
The Ombudsman's final decision:
Summary: We cannot investigate this housing complaint because the complainant has applied to the court for a Judicial Review.
The complaint
- The complainant, whom I refer to as Ms X, complains about issues relating to her housing.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Ms X and the Council. This includes the court bundle for the Judicial Review (JR). I also considered our Assessment Code.
My assessment
- Ms X complains about a range of issues relating to her housing. Some of the key issues include that she does not think the Council considered affordability when it offered her a home in 2020; she also complains of delays in assessing a new homelessness application and a suitability review.
- In May Ms X’s solicitor started legal action against the Council regarding the issues outlined in Ms X’s complaint to us.
- In the meantime, the Council is considering a homelessness application and is doing a suitability review.
- The law says we cannot investigate a complaint when someone has started legal action. Ms X has lodged a JR with the court so I cannot start an investigation. This restriction will apply even if Ms X does not get the outcome she wants when the court makes a decision regarding the JR.
- After the court has made its decision Ms X could make a new complaint to us if she thinks there are issues that have not been addressed via the JR. But, she should bear in mind that we might decide the issues were too closely linked to the JR to be considered as a separate complaint.
- If Ms X is dissatisfied with the outcome of the homelessness application and the suitability review she could make a new complaint to us. But, she would first need to complete the Council’s complaints procedure and be aware that we normally expect people to use any review or appeal rights that are offered.
Final decision
- We cannot investigate this complaint because Ms X has started court action against the Council.
Investigator's decision on behalf of the Ombudsman