Summary: We will not investigate Mr B’s complaint about the Council’s decision to issue him with a financial penalty relating to a privately rented property he owns. This is because it was reasonable for Mr B to appeal to the first tier tribunal.

The complaint

1. The complainant, who I will refer to as Mr B, is a private landlord and complains the Council issued him with a financial penalty for failing to provide an up to date Energy Performance Certificate. Mr B says during this period he was caring for his late sister, but the Council did not give proper consideration to his circumstances. Mr B would like the Council to apologise and withdraw the penalty.

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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. The Act says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B had a right of appeal to the first tier tribunal against the Council’s decision to issue the financial penalty.
7. I find it was reasonable for Mr B to use this right of appeal. It is the role of the tribunal, not the Ombudsman, to decide appeals against the type of financial penalty issued against Mr B. Also, when the Council decided Mr B’s request for a review of the decision, the Council told Mr B about his right of appeal and the time limit for putting in an appeal. So, Mr B was aware of his appeal rights.

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Final decision

8. We will not investigate Mr B’s complaint because it was reasonable for him to appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman