The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the temporary accommodation the Council provided. This is because she has begun court action about the issues she raised, which puts the complaint outside our jurisdiction.
The complaint
Miss X says her landlord tried to evict her unlawfully and harassed her. She complains the Council failed to act on her reports or properly oversee the provider. She says these failures caused her fear, distress, financial loss, long‑term health impacts, and a sense of being unsafe in her home. She seeks compensation, acknowledgement of the failings and protection from further landlord actions.
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) 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
Miss X is living in temporary accommodation provided by the Council, so although the Council is not the landlord, the Council is responsible for managing that accommodation.
Miss X says her landlord repeatedly tried to evict her unlawfully, forced entry, changed the locks, harassed and intimidated her, and acted aggressively. She believes the landlord did this in retaliation for past repair disputes. She says the Council ignored numerous letters and failed to intervene despite serious safety concerns.
In response to our enquiries the Council said in December 2025, Miss X had sought a court remedy on the same matters she has brought to us, alleged harassment and other impropriety by her landlord.
Because the law prevents us from becoming involved in matters that are, or have been, considered by the courts, we cannot investigate this complaint. The concerns Miss X raises are connected to court proceedings and therefore fall outside our jurisdiction.
Final decision
We cannot investigate Miss X’s complaint because she has begun court action about the issues she raised, which puts the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman