Summary: We cannot investigate this complaint about the suitability of temporary accommodation. Ms X used her right of appeal to the courts.

The complaint

1. Ms X complains the Council delayed assessing her homelessness application and then provided her with unsuitable temporary accommodation. She says the matter has caused distress and impacted on her family. She wants the Council to provide her with suitable accommodation, reimburse her costs and pay compensation for the distress caused.

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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)
3. 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

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

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My assessment

6. We cannot investigate this complaint. Ms X used her right of appeal to the courts about the suitability of her temporary accommodation and so we cannot investigate. This restriction applies even if the court action did not conclude, or did not provide a complete remedy for all Ms X’s claimed injustice.
7. The Council has told us that during the appeal, the Council made Ms X an offer of settled accommodation, which she accepted.

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Final decision

8. We cannot investigate Ms X’s complaint because she used her right of appeal to the courts, so we have no power to do so.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman