Summary: We will not investigate Mr X’s complaint about the suitability of interim accommodation provided by the Council. We do not have the power to investigate the complaint as Mr X has started court action against the Council about the same matters.

The complaint

1. Mr X complained that the Council:

• Placed him in unsuitable interim accommodation without cooking and laundry facilities. Mr X says that as a result his mental and physical health deteriorated.
• Failed to make his requested reasonable adjustments, which included at least three days notice of a change of accommodation, which caused distress to him.
• Disclosed his personal data to another organisation which caused distress to him.

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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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We cannot investigate Mr X’s complaint. This is because Mr X applied to the court for a judicial review of the Council’s decision that the interim accommodation provided was suitable. Mr X’s court application also included his complaints about the Council not making reasonable adjustments and how it handled his personal data. We therefore do not have the power to investigate Mr X’s complaint as he has started court against the Council about the same matters.

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Investigator's decision on behalf of the Ombudsman