The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision to issue a financial penalty to Mr X after he failed to comply with an improvement notice in the required timescale. This is because a Tribunal has already considered it and therefore the law says we cannot investigate.
The complaint
Mr X complained the Council were biased against him during proceedings it took against him as a landlord, which resulted in a financial penalty being imposed against him.
Mr X said this caused him and his family stress.
The Ombudsman’s role and powers
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council were biased against him when issuing him with a financial penalty in relation to his role as a landlord.
Mr X appealed to the First Tier Tribunal about the matter, where the penalty was reduced but the Council’s decision was upheld.
Mr X has since appealed this with the Upper Tribunal which refused the application.
The matters Mr X complains about are not separable from the decisions made by the Tribunal and therefore we cannot investigate the matters.
Final decision
We cannot investigate Mr X’s complaint because a Tribunal has already considered it.
Investigator's decision on behalf of the Ombudsman