Royal Borough of Kensington & Chelsea (25 013 395)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 04 Mar 2026
The Ombudsman's final decision:
Summary: We cannot investigate Ms X’s complaint about property suitability and the end of the Council’s housing duty towards her. Ms X appealed to the County Court.
The complaint
- Ms X complains the Council incorrectly advertised a property, wrongly decided it was suitable for her household, and incorrectly discharged their housing duty towards her.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X was on the Council’s housing register with her husband and adult son. Mrs X placed a bid on a property which was advertised as having two double bedrooms. Mrs X was offered the property but did not feel it was suitable because one of the bedrooms was below the minimum room size for a single room.
- The Council explained to Mrs X they would discharge their housing duty if the offer were refused and advised Mrs X to accept the offer and request a suitability review. Mrs X declined the offer on the basis the property was not suitable.
- The Council completed a review of the properties’ suitability and decided the property was suitable.
- The Council ended their main housing duty towards Mrs X because she refused an offer of suitable accommodation. Ms X has appealed this decision to the County Court. Where someone has sought a remedy through the courts, we cannot investigate, even if the appeal did not or could not provide a complete remedy for all the injustice claimed. We are therefore unable to investigate Ms X’s complaint.
Final decision
- We will not investigate Ms X’s complaint. Ms X has appealed to the County Court.
Investigator's decision on behalf of the Ombudsman