The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about an Improvement Notice issued by the Council. This is because it is reasonable for Mr B to put in an appeal to the First tier tribunal.
The complaint
Mr B complains the Council has issued him with an Improvement Notice for a property he owns that includes a requirement relating to an electricity meter. Mr B says this meter is not his property or responsibility, and he cannot meet this requirement of the Notice. Mr B says the Council has wrongly refused to remove this requirement from the Improvement Notice.
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 Act 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) The First tier tribunal (Property Chamber) considers appeals about certain housing actions and notices including Improvement Notices, Prohibition Orders and Demolition Orders.
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B has a right of appeal to the First tier tribunal against the Improvement Notice issued by the Council. This is the process set out in law to challenge the requirements of an Improvement Notice and we would generally expect it to be used. An appeal should be put in to the Tribunal within 21 days but the Tribunal can accept a late appeal if there are good reasons for the delay.
I find it is reasonable for Mr B to put in an appeal to the Tribunal, which is in the best position to decide this matter.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to the First tier tribunal.
Investigator's decision on behalf of the Ombudsman