Summary: Miss X complained about the Council’s decision to serve her animal sanctuary with a prohibition notice closing it for public access. The Ombudsman should not investigate this complaint. This is because it was reasonable for her to appeal to an Employment Tribunal against the notice.

The complaint

1. The complainant, whom I shall call Miss X, complains about the Council serving a prohibition notice on her opening her animal sanctuary because of lack of toilet and washing facilities at the site. She says the Council is acting unreasonably and that there were toilet facilities off-site for volunteer staff.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. Prohibition notices served under section 3 of The Health and Safety at Work Act 1974 carry a right of appeal to an employment tribunal.

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How I considered this complaint

4. I have considered all the information which Miss X submitted with her complaint and she has commented on the draft decision.

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What I found

5. Miss X operates an animal sanctuary which she says is run entirely by volunteers. The site allowed public access also, but the Council served her with a prohibition notice in May 2019 closing it to visitors. The Council says the lack of proper toilet facilities and limited cold water for washing places the public and volunteers at risk.
6. Miss X says the notice was inappropriate for the sanctuary because there are no employees on the site as all are volunteers including her. She says the Council is mistaken in considering that she is self-employed and that the notice is invalid.
7. The Council advised Miss X that the notice carried a right of appeal to an employment tribunal if she wished to challenge its validity. She did not do so within the required 21 days, but she may be able to submit a late appeal to the tribunal at its discretion.
8. The Ombudsman cannot normally investigate complaints about matters which carry a right of appeal to an independent tribunal. In this case it was reasonable for Miss X to appeal if she believes it should not apply to her.

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Final decision

9. The Ombudsman should not investigate this complaint. This is because it was reasonable for her to appeal to an Employment Tribunal against the notice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman