The Ombudsman's final decision
Summary: We will not investigate this complaint about a financial penalty issued for a breach of housing law. This is because the complainant could have appealed to the tribunal
The complaint
The complainant, whom I refer to as Mr X, says the Council wasted his time and made misleading requests for information. Mr X wants compensation.
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) The First-Tier Property Tribunal considers appeals about Financial Penalties issued under the Housing Act 2004. The tribunal can consider appeals about the amount of the penalty.
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the Final Notice and emails strings. I considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
The Council issued Mr X with a Financial Penalty for £12,000 for breaches of the Housing Act. Mr X made representations and the Council reduced the fine to £8000.
On 29 March 2021 the Council issued the Final Notice of the penalty for £8000. The Notice said Mr X had 28 days to appeal to the tribunal. Mr X did not appeal.
On 2 May Mr X contacted the Council. He said the figure needed to be adjusted due to low income. The Council asked Mr X to provide evidence of low income. It subsequently decided not to reduce the fine as it said he had not provided proof of his personal, as opposed to business, income. The Council also said he could have appealed to the tribunal. Mr X says he provided the Council with details of his personal income. Mr X says the Council misled him and encouraged him to provide information which it did not properly consider.
The Council says Mr X has paid the £8000 fine.
I will not investigate this complaint because Mr X could have appealed to the tribunal. It is reasonable to expect him to have appealed because the Council notified him of his appeal rights and the tribunal had the power to consider the amount of the fine. Mr X contacted the Council after his appeal rights had expired and, if he followed the correct process, the tribunal would have considered his submissions. I appreciate Mr X feels the Council wasted his time but this would not have happened if Mr X had followed the correct process.
Final decision
We will not investigate this complaint because Mr X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman