The Ombudsman's final decision
Summary: We have no jurisdiction to investigate Mr B’s this complaint about the way the Council dealt with his requests for a review of is decision on his son’s housing application. That is because he has started court proceedings.
The complaint
The complainant, Mr B, complained about the way the Council dealt with his requests for a review of its decision on his son’s housing application.
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 used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to 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 B has started court proceedings in the county court about the Council’s administration of his son’s housing application. Once that happened, we no longer had jurisdiction to investigate his complaint even if the court proceedings could not provide a complete remedy. We will not consider complaints about any of the Council’s actions in connection with the review request and Mr B’s subsequent complaint when we cannot investigate the substantive issue.
If new issues arise concerning Mr B’s son’s housing application, he can make a new complaint to the Council. We must be satisfied the Council knows about any new issues and has had an opportunity to investigate and reply.
Final decision
We have no jurisdiction to investigate Mr B’s complaint because he has started court proceedings.
Investigator's decision on behalf of the Ombudsman