The Ombudsman's final decision
Summary: We will not investigate this complaint about support the Council has allegedly given to the complainant’s former landlord for retaliatory eviction. The issues raised here are subject to court action.
The complaint
Mr X says the Council has acted with bias and is helping his former landlord and letting agents in a court case he has brought against them for retaliatory eviction.
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 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 Mr X I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has started court proceedings regarding his eviction. If the Council had any involvement it could only be in connection with the eviction proceedings or the current court action Mr X is taking.
Final decision
We will not investigate Mr X’s complaint because the issues raised are inextricably linked with court proceedings.
Investigator's decision on behalf of the Ombudsman