Summary: We will not investigate this complaint about the Council issuing Mr X with a fine and a Prohibition Notice in connection with a House in Multiple Occupation (HMO) he owns. This is because Mr X had appeal rights to the First Tier Tribunal (Property Chamber) which we would reasonably have expected him to have used so placing the complaint outside our jurisdiction.

The complaint

1. Mr X complains about the Council’s actions in issuing him with a fine and a Prohibition Notice in connection with an HMO he owns.

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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 law 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. As he had appeal rights against the issuing of the fine and the Prohibition Notice to the First Tier Tribunal which we would reasonably have expected him to have used, his complaint falls outside our jurisdiction and will not be investigated.

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Final decision

7. We will not investigate Mr X’s complaint because he had appeal rights to the First Tier Tribunal (Property Chamber) which we would reasonably have expected him to have used so placing the complaint outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman