Summary: We cannot investigate this complaint about the Council’s review decision concerning a housing matter. This is because the complainant has started court proceedings about the same decision.

The complaint

1. Mr X made a homelessness application to the Council. He complains about the Council’s review decision on a housing matter connected with his application.

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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. 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. The Council has said that Mr X has started judicial review proceedings. We cannot investigate this complaint because Mr X has sought a remedy by way of judicial review proceedings. We have no power to investigate when someone has started court proceedings about the matter complained of.

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Final decision

7. We cannot investigate this complaint about the Council’s review decision concerning a housing matter. This is because the complainant has started court proceedings about the same decision.

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Investigator's decision on behalf of the Ombudsman