Summary: We will not investigate this complaint about support the Council has allegedly given to the complainant’s former landlord for retaliatory eviction. The issues raised here are subject to court action.

The complaint

1. Mr X says the Council has acted with bias and is helping his former landlord and letting agents in a court case he has brought against them for retaliatory eviction.

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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

Back to top

How I considered this complaint

5. I considered information provided by Mr X
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X has started court proceedings regarding his eviction. If the Council had any involvement it could only be in connection with the eviction proceedings or the current court action Mr X is taking.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because the issues raised are inextricably linked with court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman