The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about a fine for an alleged housing-related offence. This is because it is reasonable for Mrs B to put in an appeal to the first tier tribunal.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council has told her it intends to issue her with a fine of £10,000 for an alleged housing-related offence. Mrs B says this is wrong and the Council has not calculated the fine amount correctly. Mrs B would like the Council to withdraw the fine or recalculate the fine amount.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Mrs B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has considered Mrs B’s representations and told her it intends to pursue the fine by issuing her with a final notice. If the Council issues a final notice, Mrs B may appeal the notice to the first tier tribunal. Mrs B may appeal both the decision to issue the fine and the fine amount (Housing Act 2004, Schedule 13A,10).
I find it is reasonable for Mrs B to use this right of appeal. This is because the tribunal has the power to vary or cancel the final notice. Also, it is not our role to provide an alternative right of appeal and consider matters which parliament has decided the first tier tribunal should decide.
Final decision
We will not investigate Mrs B’s complaint because it is reasonable for her to appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman