The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about fines issued by the Council for alleged housing offences. This is because Mr B has appealed to the tribunal.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has wrongly issued his business with two fines for alleged housing offences.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B has put in an appeal to the first tier tribunal against the fines issued by the Council. Because Mr B has used his right of appeal, we have no discretion to investigate his complaint.
Final decision
We cannot investigate Mr B’s complaint because he has appealed to a tribunal.
Investigator's decision on behalf of the Ombudsman