Summary: We cannot investigate Mr X’s complaint alleging bias by Council officers culminating in an Improvement Notice being issued to him as a private landlord. This is because it does not meet the tests set out in our Assessment Code. Mr X has used his legal right to appeal to the First Tier (Property Chamber) Tribunal against the notice. We have no jurisdiction to investigate.

The complaint

1. In short, Mr X says Council officers are acting with bias against him when inspecting his private rented properties. Mr X says officers are unfairly applying the Housing Health and Safety Rating System standards culminating in an Improvement Notice being served on him.
2. Mr X says his finances and his health has been adversely affected.

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The Ombudsman’s role and powers

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. 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)

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How I considered this complaint

5. I considered the information provided by the complainant and the Council’s responses.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X is a private landlord.
8. In 2024 the Council issued an Improvement Notice under the Housing Act 2004 because it had identified Category hazards under the Housing Health and Safety Rating System (HHSRS) at rented properties he owns.
9. Improvement notices carry a right of appeal to the First Tier Tribunal for landlords who wish to challenge the validity of the notice.
10. Mr X’s appeal to the Tribunal was rejected.
11. In R (on application of Milburn) v Local Govt and Social Care Ombudsman & Anr [2023] EWCA Civ 207 the Court said s26(6)(a) of the Local Government Act prevents us from investigating a matter which forms the “main subject or substance” of an appeal to the Tribunal and also “those ancillary matters that may fall to be decided by the Tribunal… such as procedural failings or conduct which is said to be in breach of the [Tribunal] Rules, practice directions or directions or that is said to be unreasonable…”.
12. We cannot investigate Mr X’s complaint and any matters related to the Council’s enforcement action including the alleged bias. This is because the matters Mr X raises could have included an appeal on the merits of the works required by the Notice that he now raises to the Ombudsman.

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Final decision

13. We cannot investigate this complaint about matters related to the Council issuing an Improvement Notice to a private landlord. Mr X has used his appeal rights to the First Tier (Property Chamber) Tribunal so we have no jurisdiction to investigate.

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Investigator's decision on behalf of the Ombudsman