The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council dealt with Mr X’s housing benefit claim. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to investigate matters that have been to court.
The complaint
Mr X says he is seeking financial redress for the way the Council dealt with his housing benefit claim. He says he has been left homeless and unemployed.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the matter has been to court and he has no further right of appeal.
Final decision
We cannot investigate Mr X’s complaint because it has been to court.
Investigator's decision on behalf of the Ombudsman