Summary: We will not investigate Mr X’s complaint that the Council placed him in unsuitable accommodation and refused his review request. Mr X has used his alternative remedy to the court. Therefore, we cannot investigate.

The complaint

1. Mr X complains the Council placed him in unsuitable accommodation before it decided to end its relief duty towards him. Mr X requested a section 202 review of the Council’s decision but it refused his request because it was out of time.
2. Mr X says the accommodation has worsened his mental and physical health. He wants the council to accept his section 202 review request and provide him suitable accommodation. He also wants the Council to apologise and compensate him for the distress caused.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We may also decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I also considered the Ombudsman’s Assessment Code.

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My assessment

8. Since Mr X complained to us, he has appealed the Council’s refusal to accept the section 202 review request before the Administrative Court. These proceedings are still ongoing.
9. As Mr X has used his alternative right of appeal to the court, we cannot investigate his complaint. We also will not investigate the suitability of his accommodation as it is too closely linked to the court appeal. If Mr X is successful on appeal, then the Council will have an opportunity to consider the suitability of the accommodation at that stage.

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Final decision

10. We will not investigate Mr X’s complaint because he has used his alternative right of appeal to the court.

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Investigator's decision on behalf of the Ombudsman