Summary: We will not investigate this complaint about the Council’s decision to issue a financial penalty notice. Mr X had the right to appeal to the First Tier (Property Chamber) Tribunal, and it was reasonable for him to exercise that right.

The complaint

1. Mr X complains that the Council served an improvement notice requiring him to complete repair works on a property he owns as a landlord. He complains the Council did not help contact the tenants to arrange access for him to complete repair works, meaning he was not able to comply with the improvement notice and was then served a financial penalty for not complying.

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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 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Under the Housing Act 2004 (the Act) Housing Health and Safety Rating System (HHSRS) provisions, councils have powers to take enforcement action against private landlords where the council has identified a hazard which puts the health and safety of the tenant at risk. If a council considers a category one hazard exists in residential premises, they must take appropriate enforcement action in accordance with the Act. Councils have discretion to take enforcement action if a category two hazard is identified.
8. The Council served an improvement notice on Mr X after determining a number of category 1 and 2 hazards existed at a property he owned as a landlord. The notice provided advice on how to appeal if Mr X disagreed with the Council’s decision to issue an improvement notice and I consider it would have been reasonable for Mr X to have used his right to appeal.
9. The Council served a financial penalty notice on Mr X for non-compliance with the improvement notice. Mr X is unhappy with the Council’s decision to issue the financial penalty and says he was not able to arrange suitable access with his tenants to complete the works required in the improvement notice. But the Council was not required to arrange access to the property. The Council also reduced the civil penalty fee because of the difficulties Mr X had completing the repairs. Mr X could have appealed to the First-tier Tribunal (Property Chamber) if he disagreed with the validity of the notice. The notice provided advice on how to appeal, and I consider it would have been reasonable for Mr X to have used his appeal right. The Ombudsman will not usually investigate when someone had a right to appeal.
10. Mr X has also complained about how the Council communicated with him. However, I do not consider the injustice Mr X suffered because of these issues, significant enough to warrant an investigation as a stand-alone issue.

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Final decision

11. We will not investigate Mr X’s complaint because he had a right of appeal, and it was reasonable for him to exercise it.

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Investigator's decision on behalf of the Ombudsman