The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters relating to the issuing of a property licence for Mr X. This is because Mr X had appeal rights to the property tribunal which places the complaint outside our jurisdiction.
The complaint
The complainant, who I refer to as Mr X, says the Council should compensate him for its delay in telling him that his wife could not be the licence holder for his property. He says its delay led to the issuing of an Interim Management Order (IMO) which caused financial loss and stress.
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 about the same matter. 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 Mr X, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council that delay by one of its officers in telling him that his wife could not act as licence holder for a property he owned led to it issuing him with a second IMO in 2022 following an earlier IMO that had been issued to him in 2019.
An IMO is a legal process whereby a local authority takes possession of a property from the owner to protect the health, safety or welfare of occupiers of the property.
Mr X said he was caused mental stress and financial loss as a result of the IMO and that he could have appointed an agent to act for him sooner if the Council had told him straight away that his wife could not be the licence holder.
The Council responded to Mr X’s complaint and acknowledged that there had been delay in advising him his wife could not act for him. However, it refused his request for compensation being of the view that the delay had not had a significant impact. It noted that he had had since 2019 to find an appropriate person to act as the licence holder following a decision that he was not a fit and proper person to hold it himself.
Mr X had appeal rights to the Residential Property Tribunal against the Council’s decision to issue the IMO. As he had this alternative remedy available to him which we would reasonably have expected him to have used, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Mr X’s complaint because he had appeal rights to the property tribunal which places it outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman