The Ombudsman's final decision
Summary: We will not investigate this complaint about the Authority’s actions relating to a Fire Risk Assessment. It was reasonable for him to take the matter to court.
The complaint
Mr X complains about the Authority’s actions relating to a Fire Risk Assessment. He says the Authority gave him conflicting information and their actions eventually forced him to close his business.
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) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Authority conducted a Fire Risk Assessment at Mr X’s business premises in May 2023. It identified several issues that needed to be addressed. Mr X says the Authority gave him conflicting advice about whether he should start the remedial works.
In June 2023, the Authority issued him with a restriction notice, restricting use of part of the premises, and an enforcement notice which stated he had three months to rectify the issues they had found.
We will not investigate this complaint. If Mr X disagreed with these notices and wished to challenge them, it was reasonable for him to take the matter to court. If he considered the Authority’s actions prior to the issuing of the notices affected the validity of the notices, he could have raised this as part of the court proceedings.
Final decision
We will not investigate Mr X’s complaint because it was reasonable for him to take the matter to court.
Investigator's decision on behalf of the Ombudsman