Summary: We will not investigate this complaint about Ms X’s housing. Ms X has started court action, so we have no power to investigate the complaint.

The complaint

1. Ms X complained to us about the Council’s handling of her family’s homelessness. She argues the Council has not provided suitable housing, has not properly considered medical and professional evidence about Ms X’s circumstances and has acted procedurally wrongly regarding its legal homelessness duties.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

5. After complaining to us, Ms X told us, ‘…I went to the court and did a judicial review so it’s finally in court.’ The Council has given us documents showing Ms X has started two judicial review actions against the Council in the High Court. Those court proceedings are also about the Council’s actions regarding Ms X’s housing.

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Final decision

6. As Ms X has taken court action about the matter, we have no power to investigate her complaint.

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Investigator's decision on behalf of the Ombudsman