Summary: Ms X complains about the Council’s decision to issue her with a Notice of Improvement for her tenanted property and its handling of her complaint about this matter. The Ombudsman cannot investigate the complaint because Ms X has appealed to the First Tier Tribunal and so it falls outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s decision to issue her with a Notice of Improvement for her tenanted property and its handling of her complaint about this matter. She says the Council failed to investigate her tenant’s behaviour and wants it to withdraw the Notice.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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What I found

5. Ms X owns a property which she rents out to a tenant.
6. Concerns about the state of the property led the Council to issue a Notice of Improvement to Ms X. Ms X has submitted an appeal against the Notice to the First Tier Tribunal, a statutory tribunal specifically set up by Parliament to consider such appeals.

Assessment

7. The restriction highlighted at paragraph 3 applies to Ms X’s complaint. She has appealed to the Tribunal so the complaint cannot be investigated as it falls outside our jurisdiction. We have no discretion here.
8. Ms X also complains about the Council’s handling of the case and its failure to work with her or address her complaint properly. However, these matters will not be investigated as the Tribunal will determine her appeal against the Notice and we will not investigate secondary issues which relate to the substantive issue.
9. In responding to my draft decision Ms X says her complaint about Council service standards and abuse of process are not matters for the Tribunal. However, following the decision by the courts in the case of R v The Commissioner for Local Administration ex parte PH (1999), where a complainant has exercised their right of appeal, the Ombudsman has no jurisdiction and this is the case even if the appeal may not provide a complete remedy for all the injustice claimed.

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Final decision

10. The Ombudsman cannot investigate this complaint. This is because Ms X has appealed to the First Tier Tribunal and so the complaint falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman