Summary: We cannot investigate Mr X’s complaint about the Council’s failure to issue a main housing duty to him. Mr X is currently engaged in an appeals process for which court proceedings have been issued. We cannot investigate a complaint when someone has gone to court about the same matter.

The complaint

1. Mr X complains that the Council avoided issuing a main housing duty to him. He says the Council offered him accommodation after the relief duty ended which he did not accept. The offer letter did not contain the word “final”, so Mr X did not know it was a final offer.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the Complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council avoided issuing a main housing duty to him. It offered him of accommodation after the relief duty ended. Mr X did not accept the offer and the relief duty ended. Mr X used his statutory right to review the decision to end the duty.
6. Mr X then used his right to appeal to court against the outcome of the review. Following lodging the appeal, the Council have agreed to conduct a further review and Mr X’s solicitors have submitted representations for this.
7. We cannot investigate this complaint because Mr X used his right of appeal to court.

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Final decision

8. We cannot investigate Mr X’s complaint because he took the matter to court. We cannot investigate complaints when someone has been to court about the matter.

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Investigator's decision on behalf of the Ombudsman