The Ombudsman's final decision
Summary: The Ombudsman will not investigate this complaint about the Council’s delay in carrying out a suitability review. This is because the complainant has commenced legal proceedings against the Council.
The complaint
Miss X complains the Council has failed to provide suitable temporary accommodation despite receiving information about the risks posed to her.
Miss X complains the Council has placed her in the incorrect band on the bidding register.
Miss X complains about the communication received from the Council about her temporary accommodation and eligibility for the bidding register.
The Ombudsman’s role and powers
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 Ms X’s complaint and information provided by her and the Council.
What I found
Miss X complains the Council provided unsuitable temporary accommodation when she was homeless.
Miss X says she was fleeing domestic abuse and the temporary accommodation provided was in an area that put her at risk.
Miss X asked the Council to carry out a suitability review of her temporary accommodation. Miss X then complained to the Council that it had not carried out a review within the statutory timeframes. Miss X commenced a judicial review against the Council for its delay in carrying this out.
Analysis The Ombudsman will not investigate this complaint. This is because Miss X has sought a remedy for the issue of suitability through her application for a judicial review against the Council.
Part of Miss X’s complaint is that the Council has allocated her the wrong banding on the bidding register. She says she should receive higher bidding priority because her temporary accommodation is unsuitable. We will not investigate this part of the complaint because this is linked to Miss X’s legal challenge on the suitability of the temporary accommodation.
Final decision
We will not investigate Miss X’s complaint because she has exercised her right to commence legal proceedings against the Council to challenge the issue of suitability.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman