The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council asking Mr X to leave temporary accommodation which he considers was due to discrimination and a failure to make reasonable adjustments. Mr X started court proceedings about the same matters, so we do not have the power to consider his complaint.
The complaint
Mr X complained that the Council failed to make reasonable adjustments and discriminated against him due to his disability which caused him to be evicted from temporary accommodation. Mr X says that the Council’s actions caused significant distress to him and lost earnings.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to us about the Council asking him to leave temporary accommodation between 2023 and 2025. Mr X says he was asked to leave as the Council failed to make reasonable adjustments and discriminated against him due to his disability.
We cannot investigate Mr X’s complaint. This is because Mr X applied to the court for a remedy for the same matters as he complained to us about. So, we do not have the power to investigate the complaint.
Investigator's decision on behalf of the Ombudsman