Summary: We will not investigate this complaint about the Council’s decision to apply a local land charge against the complainant’s property. This is because there is insufficient evidence of fault. Also, Mr X had a legal right of appeal to the Residential Property tribunal, and it was reasonable to expect him to use it.

The complaint

1. Mr X complains about the Council’s decision to apply a local land charge as a cost against his property . Mr X says the Council said it would waive the charge.
2. Mr X says the Council is causing him stress and financial loss.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating
• there is another body better placed to consider this complaint

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I considered the information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint as we are unlikely to find evidence of fault in the Council’s response. There is no evidence the Council promised to waive the charges - arising from its decision to serve an Improvement and Prohibition Notice - due in line with its policy as Mr X failed to complete the works by the deadline.
8. In any case, Mr X had a right of appeal to the Residential Property Tribunal against the serving of the Notice, potentially also including the costs due to be charged, and it would have been reasonable to expect him to use it.

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Investigator's decision on behalf of the Ombudsman