Summary: Mr X complains about the Council’s Private Sector Housing Team which issued him with Improvement Notices for his tenanted property. We cannot investigate the complaint because Mr X appealed to the Tribunal Service which places it outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Mr X, says the Council was wrong to issue him with Improvement Notices and ignored national and local guidelines in doing so. He says the Council has interpreted the law to suit itself and that as a result he was effectively persecuted and this caused worry and anguish. As an outcome he seeks the closure of the Private Sector Housing Team and for the money saved to be allocated to the police instead for it to enforce the laws involved.

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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 Mr X, including the Council’s responses to his complaint. I gave Mr X the opportunity to comment on my draft decision.

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What I found

5. Mr X owns a property which he has rented out to tenants for a number of years.
6. In 2018 the Council started issuing various Improvement Notices to him as the landlord in relation to action it wanted taken to address hazards it had identified at the property.
7. Mr X says that after wasting two years trying to deal with the Council, he finally appealed to the Tribunal Service.
8. The Tribunal Service found in favour of Mr X and quashed the Notices and while the Council appealed against this decision, its appeal was refused.

Assessment

9. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. He has used his appeal rights to the Tribunal and this places his complaint outside our jurisdiction and we cannot investigate it. Moreover, the outcome he seeks is not one we could obtain.

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Final decision

10. We cannot investigate this complaint. This is because Mr X appealed to the Tribunal Service which places it outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman