Summary: Mr X complained about a Notice to Quit his accommodation the Council served on him in April 2025. I ended this investigation because Mr X has filed a claim with the Court about the same matter. The law means we cannot investigate this complaint.

The complaint

1. Mr X complained about the Council’s decision to issue him with a Notice to Quit his temporary accommodation in April 2025 because of rent arrears. Mr X said the Council has not corresponded further about the Notice to Quit and has refused to respond to his complaint about the matter which has caused him distress and uncertainty.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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)

Back to top

How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

What happened

7. Mr X lives with his family in temporary accommodation. Over the past few years the Council has served several Notices for Mr X to quit and leave his accommodation, all of which have resulted in no further action. A Notice to Quit is a type of notice served by a landlord to end a tenancy.
8. In April 2025 the Council served a further Notice to Quit on Mr X for him to leave his temporary accommodation due to significant rent arrears.
9. Mr X complained to the Council about the matter and then to us after he did not receive an adequate response. He disputed that he was in rent arrears and said it was due to the Council not processing his housing benefit correctly.
10. In June 2025 Mr X filed a claim against the Council with the High Court. The particulars of the claim included references to the April Notice to Quit, the subsequent lack of action against the Notice and his concerns about his housing benefit. Mr X’s claim is for a significant amount of compensation.
11. Records show Mr X’s claim was received and stamped by the Court in July 2025.

My findings

12. Mr X has filed a claim with the Court and the particulars of that claim include the same matters he has complained to the Ombudsman about. This being the Notice to Quit served on him in April 2025. Therefore, I ended this investigation because Mr X’s complaint falls outside of our jurisdiction. We cannot investigate a complaint if someone has started court action about the same matter or where someone has sought a remedy in a court and we have no discretion to do so.

Back to top

Decision

13. I ended this investigation. We cannot investigate Mr X’s complaint because it falls outside of our jurisdiction and we have no discretion to consider it.

Back to top

Investigator's decision on behalf of the Ombudsman