The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to take enforcement action against a food business. This is because it is reasonable to expect the complainant to have used their right of appeal to the magistrates courts.
The complaint
The complainants, who I will call Mr & Mrs X, complain about enforcement action the Council took in relation to their food business. They complain that the Council’s initial inspection report contained inaccuracies and that it failed to follow guidelines when it carried out further inspections and carried out further enforcement action.
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 could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate this complaint because it relates to enforcement action taken by the Council
Final decision
We will not investigate Mr & Mrs X’s complaint because it is reasonable to have expected them to have used their right of appeal to the magistrates courts.
Investigator's decision on behalf of the Ombudsman