Derby City Council (24 012 087)

Category : Housing > Private housing

Decision : Closed after initial enquiries

Decision date : 22 Nov 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about action the Council has taken against Mr X as a landlord. It is reasonable for Mr X to use his right of appeal to a residential property tribunal, and we will not consider the matter instead.

The complaint

  1. Mr X complained the Council:
    • unfairly served him notices and penalties, acting unprofessionally and with bias and prejudice against him as a landlord;
    • shared his personal data with a third party; and
    • failed to deal with his complaints.
  2. Mr X said the matter has caused him significant distress and a large financial loss. He wanted a change of officer and for the Council to retract its notices and penalties.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
  3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
  4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. When someone who complains to us has an alternative right of appeal about the matter, we will normally expect them to use it. We are not an appeal body and we cannot replace the role of a tribunal.
  2. Mr X’s complaint is about several notices requiring him, as a landlord, to carry out repairs and improvements to his property. Such notices bring a right of appeal to a residential property tribunal.
  3. Mr X has already appealed some of the notices and penalties. We have no power in law to consider those actions. It is reasonable for Mr X to appeal all other notices and penalties to the tribunal. There is not a good reason in this case for us to consider the matter instead.
  4. Mr X has contacted the Information Commissioner about his concern the Council shared his personal data with a third party. This is the appropriate body to consider the matter and we will not investigate it as well.
  5. It is not a good use of public resources to investigate complaints about complaints processes and other peripheral matters, where we cannot investigate the substantive matter. We will not consider how the Council dealt with Mr X’s complaints and his concerns about the officer being biased against him. The appropriate route to challenge the action the Council has taken against him is via the tribunal, and it is reasonable for Mr X to raise his concerns of bias as part of that process.

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Final decision

  1. We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to a residential property tribunal.

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Investigator's decision on behalf of the Ombudsman

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