Summary: The Ombudsman will not investigate Mr X’s complaint about an Interim Management Order. This is because it was reasonable for Mr X to appeal to the tribunal.

The complaint

1. Mr X complains about the Council’s decision to issue an Interim Management Order (IMO) in respect of a property he owns.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. 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)

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How I considered this complaint

4. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. Mr X is unhappy the Council has issued an IMO in respect of a property he owns. He says the IMO means he cannot access the property and is struggling to pay the mortgage.
6. Part 4 of the Housing Act 2004, gives councils the power to make an IMO in respect of a residential property. Councils can exercise this power where a landlord (or their managing agent) fails to obtain a licence, or where the Council decides it is necessary due to the hazardous condition of the property.
7. If Mr X disagreed with the Council’s decision, he had a right of appeal to the Residential Property Tribunal (RPT). The tribunal can consider the decision to issue an IMO and the terms of the order itself. The tribunal has the power to confirm, vary or revoke an IMO. Appeals to the tribunal should be made within 28 days of the person receiving notice of the IMO, but the tribunal has discretion to consider late appeals if there is a good reason for the delay.
8. The tribunal is an expert, impartial body, set up by Parliament to consider such matters. I see no reason Mr X could not have appealed to the tribunal. An investigation by the Ombudsman is not therefore appropriate.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint. This is because it was reasonable for Mr X to use the appeal rights available to him.

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Investigator's decision on behalf of the Ombudsman