Summary: We will not investigate Ms X’s complaint about the Council’s decision to discharge its homelessness duty because Ms X has appealed to the county court. We cannot investigate where a person has sought a court remedy.

The complaint

1. Ms X complained about the Council’s decision to end its homelessness duty when she refused an offer of private sector accommodation outside its area.

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The Ombudsman’s role and powers

2. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Where a council ends a homelessness duty the applicant has the right to ask for a review of the decision, which Ms X did. The Council upheld its original decision on review. Ms X then had the right to appeal to the county court on a point of law, and she is exercising that right.
6. The courts have said we cannot investigate when someone has started court action. Therefore, we will not consider this complaint further.

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Final decision

7. We cannot investigate Ms X’s complaint because she has appealed to the court.

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Investigator's decision on behalf of the Ombudsman