Summary: We cannot investigate this complaint about disrepair in
Mr X’s private rented accommodation and other related matters. This is because Mr X has raised the matters as part of a Judicial Review against the Council, and the law prevents us considering matters that are before the courts.

The complaint

1. Mr X complained the Council failed in 2016 to:
• deal with disrepair in his property;
• make or provide a written report, preventing him from challenging its findings;
• act on a Threat to Life Notice issued by the police; and
• take action against his landlord to enforce repairs.
2. Mr X also complained about several related matters, including:
• difficulties using the Council’s complaints system in 2025;
• failure of the Council to respond properly to an information request;
• breaches of the Equality Act 2010 and Human Rights Act 1998; and
• criminal negligence.
3. Mr X said the above events led to years of housing insecurity, financial hardship, worsening health and significant distress. He wanted the Council to acknowledge its alleged failings, apologise and review its procedures. He also wanted it to pay compensation and take action in relation to his current housing needs.

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The Ombudsman’s role and powers

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)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
6. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X brought a complaint to us about disrepair in his private rented accommodation. Shortly after this, he submitted a Judicial Review claim against the Council to the courts.
10. The law says we cannot consider matters that have been raised in court. The issues Mr X complained to us about are largely raised as central elements to his court application. As part of his submission to court, Mr X also included in his bundle the relevant complaint responses from the Council which would form the basis of any investigation we could have carried out. We have no power to encroach on the remit of the court. The issues Mr X has raised in his complaint to us are now subject to Judicial Review Proceedings and we have no discretion to decide to investigate his complaint.
11. Some of the matters Mr X has raised with us are not raised as central points in his Judicial Review, although they are mentioned within his supporting evidence to the courts. Peripheral matters, such as the Council’s complaint-handling, are too intertwined with the proceedings. It is not a good use of public resources for us to consider peripheral matters such as complaint-handling in isolation when we cannot consider the substantive matters being complained about. It is reasonable, now he has begun court proceedings, for Mr X to raise the entirety of his complaint as part of those proceedings.

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Final decision

12. We cannot investigate Mr X’s complaint because it relates to matters he has since submitted to the courts, and the law prevents us considering matters that are being considered as part of legal proceedings.

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Investigator's decision on behalf of the Ombudsman