The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council failed to prosecute a private landlord or stop an alleged illegal eviction. This is because the matters have been considered in court and because the complaint is late.
The complaint
The complainant, Mr X, complains the Council did not stop an alleged illegal eviction and did not prosecute the landlord.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence and copies of court papers. I also considered our Assessment Code.
My assessment
Mr X says he was illegally evicted from a property in April 2022 by a private landlord. Mr X says he lost his home and belongings.
In 2022 Mr X made a money claim against the Council in court; the reason for the application was that the Council had failed to prevent the eviction and had failed to prosecute the landlord. The court decided to strike out the claim.
Mr X complained to the Council. The Council responded to several complaints and signposted Mr X to us in November 2022 and October 2023. Mr X complained to us in August 2024.
Mr X started legal action to obtain a warrant of arrest or a private prosecution against the landlord. The court refused the application. The Council is referred to in the court decision.
I cannot start an investigation because the issues have formed part of legal proceedings and have been considered in court. The law says we cannot investigate any issue that has formed part of legal proceedings.
I also will not start an investigation because this is a late complaint. Mr X has been aware of the eviction, and the Council’s response, since 2022 but he did not complain to us until 2024. I have decided there is no good reason to accept a late complaint because of the restrictions explained in paragraph 10, because Mr X had a solicitor and because the Council signposted Mr X to us in 2022.
Final decision
We cannot investigate this complaint because the issues have formed part of legal proceedings and because the complaint is late.
Investigator's decision on behalf of the Ombudsman