The Ombudsman's final decision
Summary: We will not investigate this complaint about errors with a property registration. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has already appealed to the First Teir Tribunal Property Chamber. Therefore we cannot investigate.
The complaint
Mrs X complains on behalf of Mr X. She says the Council wrongly registered a new property on the same title as his own property about eight years ago.
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 sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs X’s complaint because Mr X has appealed to the First Tier Tribunal Property Chamber about the substantive issue.
Investigator's decision on behalf of the Ombudsman