The Ombudsman's final decision
Summary: We cannot investigate this complaint about an unsuccessful application for a Discretionary Housing Payment. This is because the complainant applied to the court for a judicial review.
The complaint
The complainant, Mr X, complains about the Council’s decision to refuse his application for a Discretionary Housing Payment (DHP).
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)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the Council’s review decision regarding the DHP, Mr X’s court claim, and the court decision. I also considered our Assessment Code.
My assessment
Mr X applied for a DHP. The Council decided not to make an award.
Mr X applied to the court for a judicial review regarding the DHP decision and the way the Council assessed the application. The court refused permission to claim judicial review.
The law says we cannot investigate any matter that has been considered in court. The issues regarding Mr X’s DHP application have been considered by the court so we have no power to start an investigation. This restriction applies even though the court refused permission for a judicial review.
Final decision
We cannot investigate this complaint because Mr X applied for a judicial review and the DHP claim has been considered in court.
Investigator's decision on behalf of the Ombudsman