Summary: We have discontinued our investigation of this complaint, about the Council’s response to reports of disrepair in a privately rented property. This is because the complainant has started legal action against the Council on the same matters, which means it is now outside our jurisdiction.

The complaint

1. I will refer to the complainant as Mrs D.
2. Mrs D complains the Council has failed to take effective action to enforce against disrepair in the property she privately rents. She says, as a result of the Council’s failure, her family have been living a hazardous property with detriment to their health.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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)

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How I considered this complaint

5. I considered evidence provided by Mrs D and the Council as well as relevant law, policy and guidance.

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What I found

6. Mrs D lives in a privately rented property. Since 2022 she has been reporting serious disrepair in the property to the Council. She has now complained to the Ombudsman that the Council has failed to take effective enforcement action, to ensure the landlord addresses the disrepair.
7. In December 2024 Mrs D commenced legal proceedings against the Council on the same matters in the county court.

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Analysis

8. We are prevented by law from investigating complaints where a person has taken legal action against the relevant body for the same reason. This remains the case regardless of the outcome of the legal proceedings, including if the complainant chooses to withdraw them.
9. We are therefore unable to investigate Mrs D’s complaint.

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Decision

10. I have discontinued my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman