The Ombudsman's final decision
Summary: We will not investigate this complaint about a financial penalty issued to Mr X under the Housing Act 2004. This is because Mr X had the right to appeal the penalty to the First Tier Tribunal and the complaint is made late.
The complaint
Mr X complained the Council issued him with a financial penalty, under the Housing Act 2004, relating to an unlicensed house in multiple occupation. Mr X says he has no connection with this property and has been caused distress by this.
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 has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X had a statutory right to appeal the penalty to the Residential Property First Tier Tribunal. It could have decided this dispute whereas we are not empowered to do so and cannot cancel the penalty. It is reasonable to expect Mr X to have appealed as this is the procedure provided in law for such challenges.
The Council issued the penalty to Mr X in December 2021. Mr X did not complain to us within a year of him knowing about this and his complaint is therefore made late. It is reasonable to expect Mr X to have complained to us sooner and within a year of becoming aware of the issue.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because he could have reasonably exercised his statutory right of appeal and the complaint is made late.
Investigator's decision on behalf of the Ombudsman