Summary: We cannot by law investigate this complaint about the Council’s decision to end its duty to provide the complainant with housing and seek her eviction from temporary accommodation. This is because the issued raised have been subject to legal proceedings in county court. We have not legal jurisdiction to investigate complaints in these circumstances.

The complaint

1. The complainant (Miss Z) complains about the Council’s decision to end its duty to provide the complainant with housing under its homelessness duty. She says that while in temporary accommodated provided by the Council, she was offered permanent accommodation which she deemed unsuitable for her household. She says this is because the property was full of damp and mould. Miss Z complains the Council sought her eviction from temporary accommodation in county court following her rejection of permanent accommodation.
2. In summary, Miss Z says the alledged fault resulted in her and her young child being left homeless which has had a substantial and adverse impact on her mental and emotional wellbeing. As a desired outcome, Miss Z wants the Council to put her back in temporary accommodation and provide her with compensation for the impact caused.

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The Ombudsman’s role and powers

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. 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).

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How I considered this complaint

5. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot by law achieve the outcome Miss Z seeks because the issues raised were considered in legal proceedings which subsequently resulted the court ordering her eviction from temporary accommodation. The evidence shows the Court’s decision considered the issues raised by Miss Z as to why she considered the permanent housing offered was unsuitable and therefore should not be evicted from her temporary accommodation. The issues raised therefore have been subject to legal proceedings and we have no legal jurisdiction to investigate in these circumstances.
7. In any event, the Council’s decision relating to the suitability of the accommodation offered to her carries a right of appeal to county court on a point of law under s.204 of the Housing Act 1996. In the circumstances, I consider it would be reasonable to expect Miss Z to exercise this right of appeal if she dispute the Council’s decision. Absent this, Miss Z will need to make a fresh homelessness application to the Council. This will carry fresh review and appeal rights which she could reasonably exercise.

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Final decision

8. We cannot by law investigate this complaint. This is because the restrict I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman