The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council decision that Ms X was intentionally homeless. Ms X appealed to the court against this decision so we do not have the power to investigate it. We will not investigate Ms X’s complaint about the Council failing to protect her belongings. It is reasonable to expect Ms X to go to court about the damage and loss of her belongings.
The complaint
Ms X complained that the Council: Unfairly ended the main housing duty as it wrongly considered she was intentionally homeless when she left her temporary accommodation. Ms X says she could not stay in the accommodation due to pests.
Failed to protect her belongings when it ended the main housing duty. Ms X says that as a result her family’s belongings were lost or damaged and she and family suffered distress. Ms X wants the Council to compensate her for the loss of her belongings.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Ms X’s complaint about the Council ending the main housing duty as it considered she was intentionally homeless. Ms X appealed to the county court against this decision, so we do not have the power to investigate it.
We will not investigate Ms X’s complaint about the Council failing to protect her and her family’s belongings when it ended the main housing duty. Ms X has the right to make a claim in court for the loss and damage of her property. We are mindful of Ms X’s circumstances, including her mental health. But the court would be better placed to decide if the Council was responsible for the loss and damage to Ms X’s belongings and the value of those belongings. We therefore consider it is reasonable to expect Ms X to go to court.
Investigator's decision on behalf of the Ombudsman