The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with Mr X’s complaints. This is because the complaints are not within our jurisdiction, so we will not look at the related complaints handling.
The complaint
Mr X complains the Council has restricted his communication about complaints about his housing matters. He says those complaints are being considered by the Housing Ombudsman. The Housing Ombudsman considers complaints about issues which we cannot investigate.
Mr X would like they Council to remove the restrictions as he says they are disproportionate and unfair.
The Ombudsman’s role and powers
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because it is about the Council’s actions in relation to a matter we cannot investigate.
Investigator's decision on behalf of the Ombudsman