Summary: We cannot investigate this complaint about the Council’s actions relating to a civil penalty for a housing related matter. This is because X has already used an appeal right to the First-tier Tribunal, and the law does not allow us to consider a complaint where another legal remedy has been used.

The complaint

1. X complained the Council used flawed information to pursue enforcement under the Housing Act 2004. They said it acted in bad faith and the Council’s actions has caused them reputational harm. X wants the Council to return the penalty they paid to it after mediation following an earlier Tribunal verdict.

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The Ombudsman’s role and powers

2. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. 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)
3. A landlord can appeal a civil penalty to the First-tier Tribunal (Property Chamber) within 28 days of receiving the final notice. The Tribunal can confirm, vary, or cancel the penalty. The appeal is a full rehearing, not just a review of the Council's decision.

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How I considered this complaint

4. I considered information provided by the complainant and the Council and I considered the Ombudsman’s Assessment Code.

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Final decision

5. We cannot investigate X’s complaint because they have already used an appeal right and the law does not allow us to consider such complaints.

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Investigator's decision on behalf of the Ombudsman