The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council issuing an Improvement Notice and a Civil Penalty Notice. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant appealed to the First Tier Tribunal Property Chamber. Therefore we cannot investigate.
The complaint
Miss X complains the Council mismanaged an Improvement Notice and issued an unfair Civil Penalty Notice despite procedural failures.
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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Miss X’s complaint because she exercised her right to appeal to the First Tier Tribunal Property Chamber.
Investigator's decision on behalf of the Ombudsman