Summary: Mr X complained the Council failed to take enforcement action against his landlord in relation to disrepair at his property. We have discontinued the investigation into this complaint as Mr X has brought Judicial Review proceedings against the Council.

The complaint

1. Mr X complained the Council failed to take enforcement action against his landlord in relation to disrepair at his property.

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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. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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)
6. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

7. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.

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What I found

8. Mr X raised a complaint with the Council in November 2024 about issues of disrepair in his private rented sector property. Mr X said the issues in his property were Category 1 hazards and as such the Council had a duty to address these.
9. The Council responded to Mr X’s complaint the same day and advised following its visit to the property it had found some of the items Mr X was complaining about were safe. The Council said it was taking action on other items. The Council said it believed there were no Category 1 hazards within his property.
10. The Council issued an Improvement Notice to Mr X’s landlord in late November 2022 requiring them to take action about damp and mould in the property and the extraction system in the bathroom.
11. The Council issues a stage one response to Mr X’s complaint in late November 2024 and said it believed there were not any Category 1 hazards in his property.
12. The Council issued a stage two response to Mr X’s complaint in early January 2024.
13. Mr X issued Judicial Review proceedings against the Council in May 2025 which includes Mr X’s claims about the Council failing to take enforcement action.

Analysis

14. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
15. We cannot investigate a complaint if court action has been started. Mr X brought Judicial Review proceedings against the Council including the same matters he asked us to investigate.
16. I understand Mr X says he may look to stay the proceedings if needed to allow us to investigate. However, unfortunately as Mr X has started the proceedings, we now cannot investigate his complaint.

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Decision

17. I have discontinued this investigation. This is because Mr X has brought Court proceedings against the Council which includes these issues.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman