Summary: We will not investigate this complaint about The Council’s homelessness decisions. Ms X has taken court action against the Council’s decisions and is currently awaiting the outcome of another review of the decisions. We have no jurisdiction to investigate matters which have been subject to court proceedings or which carry a further right of appeal to a court. We will not investigate her claim about loss or damage to stored possessions. It is reasonable for her to make a claim against the Council for negligence.

The complaint

1. Ms X complained about the Council discharging its homelessness duty to her in 2023. She says it has unfairly decided that she is intentionally homeless and that her belongings were lost or damaged following an eviction from her temporary accommodation.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
3. 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)

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How I considered this complaint

4. I considered the information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X approached the Council as homeless in 2023 and it made a decision that she was intentionally homeless and discharged its duty in July 2023. Ms X challenged the decision by way of a review under s.202 of the Housing Act 1996 and this was dealt with by an agency acting for the Council.
7. Ms X challenged the homeless decisions and the review decision by the agency in 2024. The court quashed the decisions because the legality of the agency was questioned. This was resolved by the Council and Ms X’s legal representatives submitted new review requests. We cannot investigate matters which have been subject to court proceedings and this matter is again at statutory review which carries a further appeal to the courts if unsuccessful.
8. Ms X also complained about the Council losing or damaging some of her possessions when she was evicted from previous temporary accommodation. The Council disputes the claimed losses and is currently storing her belongings pending the outcome of the reviews.
9. If Ms X has evidence that her belongings were lost or damaged she could make a claim against the Council if the losses took place when it was responsible for her belongings. We cannot determine claims about loss or damage to property by public bodies.

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Final decision

10. We will not investigate this complaint about The Council’s homelessness decisions. Ms X has taken court action against the Council’s decisions and is currently awaiting the outcome of another review of the decisions. We have no jurisdiction to investigate matters which have been subject to court proceedings or which carry a further right of appeal to a court. We will not investigate her claim about loss or damage to stored possessions. It is reasonable for her to make a claim against the Council for negligence.

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Investigator's decision on behalf of the Ombudsman