Summary: We will not investigate this complaint about the Council seeking to evict the complainant from his family home. A court will decide if the complainant has to leave the property and is best placed to consider the issues he has raised in his complaint.

The complaint

1. The complainant, who I refer to here as Mr B, has complained because the Council is seeking to evict him from a property that has been his long-time home. He also says the Council has not kept promises regarding rehousing him in suitable accommodation. Mr B says he should be allowed to remain in the family home.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• we cannot achieve the outcome someone wants; or
• there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Mr B said in his complaint and background information provided by the Council.

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What I found

4. Mr B’s late parents were tenants of the Council property where he currently lives. The Council considers has no right to succeed to the tenancy and has begun court proceedings to evict him.
5. In his complaint, Mr B raised several issues about his housing situation such as offers of alternative accommodation. However, he has also raised the same issues in his defence against the Council’s action which a court is due to decide this month.
6. While I understand Mr B wishes to remain in the property, this is something the court will decide. It is not an outcome we can achieve for him.

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Final decision

7. I have decided we will not investigate this complaint. This is because we cannot achieve the outcome Mr B is seeking and the court considering the eviction proceedings is best placed to consider the issues.

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Investigator's decision on behalf of the Ombudsman