The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s handling of Ms X’s homelessness application and its review. Ms X has used her right of appeal to the County Court.
The complaint
Ms X complains that the Council mishandled her homelessness application, pressured her into accepting an unsuitable house during a homelessness review and failed to honour a proposed offer.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that the Council mishandled her homelessness application and its review and discriminated against her during the process.
I cannot investigate Ms X’s complaint. Ms X has used her right of appeal against these decisions to the County Court, and therefore we do not have the power to investigate this. The law prevents us from investigating complaints where someone has sought a remedy by way of court proceedings.
Final decision
We cannot investigate Ms X’s complaint because she has used her right of appeal to the County Court.
Investigator's decision on behalf of the Ombudsman