Summary: The Ombudsman cannot investigate Mr X’s complaint about being fined for not having a licence for his rental property. This is because the Ombudsman cannot consider matters that have been heard in court.

The complaint

1. Mr X complains about the legal action the Council took against him for not having a licence for his rental property.

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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)

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How I considered this complaint

3. I have considered what Mr X said in his complaint and background information the Council has sent to me.

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What I found

4. Mr X complains about the legal action the Council took against him for not having a licence for his rental property. Mr X paid for the licence and says someone at the Council told him this would stop the legal action. Mr X’s case was heard in the Magistrates Court where he was found guilty and fined. Mr X does not consider he should have to pay the fine.
5. The Council says Mr X paid for a licence after legal action had started and he had been issued with a summons; court action therefore proceeded.

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Final decision

6. My decision is that the Ombudsman cannot investigate. The court considered the case against Mr X and found him guilty. The Ombudsman has no legal remit to investigate matters that have been dealt with in court.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman