Summary: We cannot investigate this complaint about the Council’s handling of issues related to private housing disrepair and its reported failure to act after his landlord breached an Improvement Notice. This is because Mr X has pursued a remedy in court and we have no power to investigate.

The complaint

1. Mr X says the Council identified several defects in his private housing and issued an Improvement Notice to his landlord in 2022. Mr X says the Council did not take suitable action when his landlord failed to make the changes set out in the Improvement Notice. Mr X says this left him living in an unsafe property for over two years.

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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)

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How I considered this complaint

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

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Final decision

6. We cannot investigate Mr X’s complaint because he has pursued the matter in court. We have neither the power nor any discretion to investigate.

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Investigator's decision on behalf of the Ombudsman