The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council taking Mr X to court for issues in connection with a property he rents out. 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 consider matters that have been to court.
The complaint
Mr X complains about matters relating to a House of Multiple Occupation that he rents out to tenants. Mr X says he was unfairly taken to court by the Council and fined a lot of money that he can only afford to pay off monthly.
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) We cannot investigate a complaint once court action starts or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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 because the matters he raises are in connection with issues decided in court.
Investigator's decision on behalf of the Ombudsman