Summary: We cannot investigate this complaint about the Council’s decision about a property being suitable for Mr X, as part of his homelessness duties. This is because Mr X has started court proceedings, to challenge the Council’s decision. The law does not allow us to investigate such complaints.

The complaint

1. Mr X complained the Council was wrong to have decided a property was suitable for his needs and then end its homelessness duty to him.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

Back to top

How I considered this complaint

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

Back to top

Final decision

6. We cannot investigate Mr X’s complaint because he has started court proceedings and the law does not allow us to investigate.

Back to top

Investigator's decision on behalf of the Ombudsman