The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council evicting Mr X from his temporary accommodation. We do not have the power to investigate the complaint as Mr X started court action about the matters raised in his complaint.
The complaint
Mr X complained that the Council intended to evict him from his temporary accommodation for rent arrears despite his arrears being caused by the Council reducing his housing benefit, refusing his rent payments and despite his vulnerability. Mr X says that as a result he is facing homelessness and the Council’s actions caused significant distress to him.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint about the Council and landlord evicting him from his temporary accommodation. Mr X applied to the court for the eviction to be set aside. Mr X’s application to the court named the Council as a defendant and included the same matters raised in his complaint to the Ombudsman. As Mr X started court action about the same matters, we do not have the power to investigate his complaint.
Investigator's decision on behalf of the Ombudsman