The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the actions of the Council in connection with her housing issues. This is because we have no remit to investigate if someone has started court action.
The complaint
Ms X says her temporary accommodation suffers from significant disrepair, including damp, mould, infestations and concerns about possible asbestos. She says the Council failed to adequately address these issues despite numerous reports and previous involvement of solicitors.
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) 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
The Council says it has been involved in legal proceedings with Ms X since 2023. It says the court has made orders requiring Ms X to provide access to her home and further proceedings are being pursued.
We will not investigate. The core issues in the complaint concern the suitability and condition of the accommodation, repairs, alleged disrepair, the complainant's occupation of the property and the Council's actions in connection with those matters. These are issues that are either before the court or closely connected to the ongoing litigation. We have no powers to investigate matters that overlap with, duplicate or risk conflicting with court proceedings.
I have considered if any linked issues such as the complaint handling, the communication issues or reasonable adjustments concerns can be considered separately. I do not consider these can be separated out as stand-alone issues as these arise from the core housing and disrepair dispute in court.
In conclusion we will not investigate this complaint because the issues complained about are subject to and linked to ongoing court proceedings.
Final decision
We will not investigate Ms X’s complaint because of ongoing court action.
Investigator's decision on behalf of the Ombudsman