Summary: We discontinued our investigation into Mrs X’s complaint about the Council’s failure to provide suitable accommodation following her homelessness application. The complaint is outside of the Ombudsman’s jurisdiction and cannot be investigated.

The complaint

1. Mrs X complained the Council pressured her into accepting private rented accommodation in May 2024 to fulfil its duty to her under homelessness legislation. She complained that a subsequent request for a review of the accommodation was delayed and when the Council later accepted a main housing duty and found the property was unsuitable, it failed to provide alternative accommodation.

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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)
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
5. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

6. Mrs X became homeless in Spring 2024 and made a homelessness application to the Council.
7. The Council accepted a relief duty and it sent Mrs X a final offer of accommodation with a tenancy of 36 months. It considered the accommodation was suitable and as such it would discharge its duty to Mrs X under homelessness legislation.
8. Mrs X signed a tenancy but when she visited the property she considered it was unsuitable for various reasons and asked the Council for a review of suitability. She complained to us that there was a delay in the Council carrying out the suitability review.
9. When the Council conducted a suitability review in September 2024, it agreed the property was unsuitable. I understand the Council then accepted a full duty to house her, but she remained in the same unsuitable property.
10. Mrs X complained to the Council about the situation and brought a complaint to us in December 2025. However, in the summer of 2026 Mrs X began Judicial Review proceedings in court about the suitability of the property and continuing breach of the council’s duty to provide suitable accommodation. The proceedings are ongoing.

Our View

11. The law says that 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.
12. We would not expect someone to resort to judicial review proceedings to challenge the situation Mrs X’s complaint concerns. However, the courts have held 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 court hearing or appeal did not or could not provide a complete remedy for all the injustice claimed.
13. I found that, because Mrs X has commenced legal proceedings regarding the issues she raised in her complaint to the Ombudsman, we cannot now consider her complaint.

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Decision

14. I find that Mrs X’s complaint is outside the Ombudsman’s jurisdiction and cannot be investigated.

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Investigator's decision on behalf of the Ombudsman