The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about the suitability of accommodation the Council offered her because she has started court action about the matter.
The complaint
Ms X complained about the suitability of temporary accommodation arranged by the Council. She says the Council has not properly considered the medical evidence provided. She says this caused anxiety.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
What happened The Council arranged emergency accommodation for Ms X when she became homeless in late 2024. In June it offered alternative temporary accommodation. It explained Ms X could ask for a review of the suitability of the property offered and the consequences of refusing the offer. Ms X asked for a review and the Council made a final decision that the property offered was suitable in July 2025 and explained her appeal rights. I understand Ms X then accepted the offer “under duress” and moved to the property. The Council told us she has since started court action, seeking judicial review of the Council’s decision that the property offered was suitable.
My assessment
Ms X had the right to appeal to the county court if she disagreed with the Council’s decision that the property offered was suitable. It was reasonable for her to exercise that right because only the court could determine whether the property offered was suitable, so we would not investigate further.
In any case, Ms X has since started s judicial review application in relation to the Council’s suitability review decision. This means we cannot now consider the complaint further.
Final decision
We cannot investigate Ms X’s complaint because she has started court action.
Investigator's decision on behalf of the Ombudsman