Summary: We cannot investigate Mrs B’s complaint about an Improvement Notice issued by the Council. This is because Mrs B put in an appeal against the Notice to the Residential Property Tribunal.

The complaint

1. The complainant, who I will refer to as Mrs B, complains the Council has treated her unfairly by serving her an Improvement Notice, which required her to make repairs to a privately rented property she owns. Mrs B says the Council’s actions were not justified and this has been shown by the tribunal upholding her appeal and quashing the Notice. Mrs B says she has suffered considerable stress because of the Council’s actions. Mrs B would like the Council to acknowledge it was at fault and apologise. Mrs B would also like the Council to replace the officer who handled her case.

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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 about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to 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)

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How I considered this complaint

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

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My assessment

7. Mrs B put in an appeal to the Residential Property Tribunal against the Improvement Notice issued by the Council.
8. Because Mrs B used her right of appeal, this means we cannot investigate her complaint about the Council’s decision to issue the Notice.
9. Mrs B would like the Council to take further action than what was decided by the tribunal. But, this restriction to our powers applies even though the appeal did not provide a complete remedy for all the injustice Mrs B claims to have suffered.

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Final decision

10. We cannot investigate Mrs B’s complaint because she has appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman