Summary: We cannot investigate this complaint about the Council’s decisions regarding property Mrs X owns because she has used her right to appeal to the First Tier (Property Chamber) Tribunal. We will not investigate the remainder of Mrs X’s complaint because she has not formally complained to the Council about them.

The complaint

1. Mrs X complains about the Council’s decision regarding an Emergency Prohibition Order and improvement notices. Mrs X says the Council’s enforcement action has been disproportionate and it has failed to cooperate with her. Mrs X also complains about the Council’s conduct during the Tribunal appeal.

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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 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)
4. 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)
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

8. We cannot investigate Mrs X’s complaints regarding the notices because she has used her right to appeal to the First Tier (Property Chamber) Tribunal. Any matters related to these notices, including the Council’s conduct during the appeal, can be considered by the Tribunal.
9. Mrs X says the Council has delayed in reviewing and granting licences leaving her vulnerable to being in breach of them. It is reasonable for Mrs X to formally complain about this matter using the Council’s complaints procedure. We will not investigate this element of Mrs X’s complaint because we are not satisfied the Council has had an opportunity to investigate and reply. If Mrs X remains unhappy about the Council’s actions regarding licensing, she can make a formal complaint to the Council.

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Final decision

10. We cannot investigate Mrs X’s complaint because she has used her right of appeal to the Tribunal. We will not investigate the remainder of Mrs X’s complaint because we are not satisfied the Council’s complaints process has been exhausted.

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Investigator's decision on behalf of the Ombudsman