The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council delaying the issue of a new homeless decision notice following a County Court decision in December 2021. We cannot investigate matters which have been subject to court proceedings.
The complaint
Miss X complained about the Council’s failing to issue a new s,202 homeless decision notice following her legal challenge to the original one which was issued in October 2021. She says the Court ordered that a new notice be issued by January 2022 but this did not happen.
The Ombudsman’s role and powers
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X challenged a homeless decision issued by the Council in October 2021 in the County Court. The Court ordered that a new s.202 homeless review decision notice should be issued by the Council no later than 5 January 2022. Miss X complained to us when the Council failed to issue a new notice.
Since she complained to us the Council confirm that she had provided new information about her appeal, but her solicitor delayed passing this on. It was agreed that the decision would be issued after the court date. The Council confirmed it issued a new decision notice on 11 March when the investigation into the additional information had been considered.
We cannot consider complaints about matters which have been subject to court proceedings. Miss X’s solicitor could have submitted the matter to the court if they were dissatisfied with the delay. She may challenge the new notice further in the court if she disagrees with the outcome.
Final decision
We will not investigate this complaint about the Council delaying the issue of a new homeless decision notice following a County Court decision in December 2021. We cannot investigate matters which have been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman