Summary: We will not investigate Miss X’s complaint about the Council’s provision of suitable housing and disrepair. This is because it would have been reasonable to expect her to request a review of the decision and we cannot investigate a complaint if someone has started court action about the matter.

The complaint

1. Miss X complained the Council repeatedly failed to provide safe and suitable housing and address safety risks and disrepair caused by an upstairs neighbour.
2. Miss X said this caused health and safety issues for her and her young child and she wanted the Council to provide permanent suitable accommodation in a house, rather than a flat.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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

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

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My assessment

7. The Council assessed Miss X for homelessness and provided temporary accommodation for her and her young child in early 2023. Since shortly after moving into the property, Miss X has complained of disrepair in her property caused by an upstairs neighbour which she says has caused her distress and concerns for the safety of herself and her child.
8. Miss X has started court action about these matters, which means we cannot investigate these issues as we are forbade by law.
9. The Council has made offers of what it deemed to be suitable temporary accommodation to Miss X, the most recent of which was in January 2026. Miss X refused this offer, so the Council sent her a discharge of duty letter in February and informed her of her right to request a review of its decision.
10. It would have been reasonable to expect Miss X to request a review of the Council’s decision and if unhappy with the outcome, to take the matter to county court.

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Final decision

11. We will not investigate Miss X’s complaint because it would have been reasonable to expect her to request a review of the decision and we cannot investigate matters if someone has started court action.

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Investigator's decision on behalf of the Ombudsman