The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to serve an Improvement Notice on Ms X’s tenanted property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is a right of appeal to the First-Tier Tribunal Property Chamber against the Council’s decision. It is reasonable to expect Ms X to take up her appeal rights.
The complaint
Ms X says the Council’s decision to serve an Improvement Notice in her tenanted property is unfair and unwarranted.
Ms X says the Council officer who issued the Notice lacks expertise and the Notice had factual errors in it. Ms X also says her complaints to the Council have been ignored. Ms X would like compensation and the Notice rescinded.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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) In R (on application of Milburn) v Local Govt and Social Care Ombudsman & Anr [2023] EWCA Civ 207 the Court said s26(6)(a) of the Local Government Act prevents us from investigating a matter which forms the “main subject or substance” of an appeal to the Tribunal and also “those ancillary matters that may fall to be decided by the Tribunal…such as procedural failings or conduct which is said to be in breach of the [Tribunal] Rules, practice directions or directions or that is said to be unreasonable…”.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Ms X’s complaint as it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It would be reasonable to expect her to use her legal right of appeal to the First-Tier Tribunal Property Chamber. The Chamber has powers to quash the Notice and consider the appropriateness of the decision to serve a Notice and request works. Where we are not investigating the matters in a complaint, we will not separately investigate the Council’s complaint handling.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman