The Ombudsman's final decision
Summary: We cannot not investigate this complaint about the Council’s decision on the level of fire detection system Mr X is required to install in his HMO (House in Multiple Occupation) property. This is because Mr X used appeal rights to the Tribunal which places the complaint outside our jurisdiction.
The complaint
The complainant, who I refer to as Mr X, complains about the Council’s decision which requires him to install the higher Grade A level of fire detection system in his HMO rather than the lower level Grade D.
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 courts have said that where someone has used their right of appeal, reference or review or remedy by way of an appeal to a tribunal, the Ombudsman has no jurisdiction to investigate. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916) The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Mr X, including the Council’s responses to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint falls outside our jurisdiction and cannot be investigated. This is because he appealed to the First Tier Tribunal against the Council’s decision to issue him with an Improvement Notice for the installation of a Grade A fire detection system. We have no discretion here.
The complaint also falls outside our jurisdiction because Mr X had appeal rights to the Tribunal against the Notice which he could have used at the time and which we reasonably would have expected him to have used.
Mr X also complains the Council has refused to address questions he raised in relation to his property or meet with his fire risk assessor. However, we will not pursue these matters when we are not investigating the substantive issue.
Final decision
We cannot investigate Mr X’s complaint because he used appeal rights to the Tribunal which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman