Summary: We will not investigate Mr X’s complaint about the Council issuing him with a financial penalty for not complying with an improvement notice. Mr X had a right of appeal to the First-Tier Property Tribunal, and it would have been reasonable to expect him to have used it.

The complaint

1. Mr X complains the Council issued him with a substantial financial penalty for failing to comply with a property improvement notice.
2. Mr X says this caused him financial difficulties.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

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

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My assessment

7. Mr X had a right of appeal to the First-Tier Tribunal if he wished to challenge the financial penalty. Mr X had this right for 28 days after the penalty was issued.
8. It would have been reasonable for Mr X to have used this right of appeal because it is set out in law.
9. For this reason, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr X’s complaint because it would have been reasonable for him to have used his right of appeal to the First-Tier Tribunal.

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Investigator's decision on behalf of the Ombudsman