Summary: We will not investigate Mr X’s complaint about matters in connection with an abatement notice. This is because Mr X used his legal right to appeal and it is not possible to separate out his concerns from the substantive issue which provided a legal remedy.

The complaint

1. In short, Mr X complains about the Council’s handling of an abatement notice served in relation to a leak at his property. He says the Council served the notice without first giving him an opportunity to remedy the issue informally, failed to confirm compliance before the appeal deadline, delayed communications, and provided correspondence to the Magistrates' Court which he considers misleading.

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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 started court action about the matter. (Local Government Act 1974, section 26(6)(c), 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)

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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. The Council upheld elements of Mr X’s complaint. It apologised and offered £100 compensation.
8. We will not investigate. This is because Mr X exercised his right of appeal against the notice to the Magistrates’ Court. The court was the appropriate body to consider matters connected with the notice, including the circumstances around its issue, compliance and consequences.
9. We will not separate out Mr X’s continuing concerns as they arise from matters that are connected to the notice and court proceedings. These matters are inextricably linked to the enforcement process and Mr X’s remedy lay in court.

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Final decision

10. We will not investigate Mr X’s complaint because he used his appeal rights. It is not possible to investigate his continuing concerns as stand-alone issues when he had a court remedy for the substantive matter.

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Investigator's decision on behalf of the Ombudsman