Summary: We cannot investigate this complaint about action the Council has taken against Miss X as a landlord. This is because it is outside our jurisdiction as Miss X has used her legal right to appeal to a Tribunal.

The complaint

1. Miss X complains the Council incorrectly issued notices relating to improvements on a house she owns. Miss X also complains about the misuse of her personal data. Miss X says the Council’s actions have had a detrimental impact on her health.

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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. 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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
5. 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

6. I considered information provided by Miss X and the Council’s response to her complaints.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X is a landlord of a property. Following an inspection the Council issued Improvement notices and Hazard Awareness notices. Miss X complains these notices are incorrect and they should not have been issued.
9. We are not an appeal body; we do not decide whether a Council’s decision was right or wrong. We look at whether it followed the correct processes. The Council officers inspected the property, considered the relevant information, and used their professional judgement to take appropriate enforcement action. This is a decision it was entitled to make.
10. Improvement notices issued by the Council under the Housing Act 2004 have a right of appeal to the First Tier (Property Chamber) Tribunal. Miss X has lodged an appeal.
11. We cannot investigate Miss X’s complaint because she has used her legal right to appeal to the First Tier (Property Chamber) Tribunal. Placing the complaint outside our jurisdiction.
12. Miss X’s complaints regarding her personal data are more appropriately considered by the Information Commissioner (ICO) which has specialist powers and expertise in this area. The Ombudsman would not normally investigate where there is another body better placed to consider the issue. It is reasonable to expect Miss X to complain to the Information Commissioner concerning her personal data.

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Final decision

13. We cannot investigate Miss X’s complaint. This is because the complaint is outside our jurisdiction as Miss X has used her legal right of appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman