Summary: We cannot investigate this complaint about the Council’s decision to issue a financial penalty to Mr X after he failed to comply with an improvement notice in the required timescale. This is because a Tribunal has already considered it and therefore the law says we cannot investigate.

The complaint

1. Mr X complained the Council were biased against him during proceedings it took against him as a landlord, which resulted in a financial penalty being imposed against him.
2. Mr X said this caused him and his family stress.

Back to top

The Ombudsman’s role and powers

3. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X complained the Council were biased against him when issuing him with a financial penalty in relation to his role as a landlord.
7. Mr X appealed to the First Tier Tribunal about the matter, where the penalty was reduced but the Council’s decision was upheld.
8. Mr X has since appealed this with the Upper Tribunal which refused the application.
9. The matters Mr X complains about are not separable from the decisions made by the Tribunal and therefore we cannot investigate the matters.

Back to top

Final decision

10. We cannot investigate Mr X’s complaint because a Tribunal has already considered it.

Back to top

Investigator's decision on behalf of the Ombudsman