The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision to impose fines relating to licensing issues at Mr X’s House of Multiple Occupation (HMO). This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to investigate as Mr X has already appealed to the Property Chamber specialist tribunal.
The complaint
Mr X is a landlord. He complains about the Council’s decision to impose penalties for fire and electrical safety issues at his House of Multiple Occupation (HMO).
Mr X says the Council should employ trained officers to investigate fire and electrical safety. He wants the penalties rescinded and officers trained.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr X’s complaint. He has used his legal rights to appeal to the Property Chamber which could have considered his concerns about officer judgements and training.
Investigator's decision on behalf of the Ombudsman