The Ombudsman's final decision
Summary: We will not investigate this complaint about the legality of the Council’s decision to include an area in its Selective Licencing scheme which includes within it properties Mr X owns and rents out. This is because if Mr X wishes to challenge the legality of the Council’s decision, he can do so through the courts so placing the complaint outside our jurisdiction.
The complaint
The complainant, who I refer to as Mr X, says the Council did not have the legal authority to include an area where he owns and rents out properties into its Selective Licencing scheme. He wants the Council to stop the scheme and refund the licence fees he has paid.
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 law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council, including its responses to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council responded to Mr X’s complaint about the legality of the operation of its Selective Licencing scheme which required Mr X, as a property owner renting out properties to tenants, to pay for a licence for the properties in the area which fell within the scheme.
The Council did not uphold his complaint and concluded that the designation of the area was lawful. It provided a detailed response for the reasons for its decision.
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. If he wishes to challenge the legality of the Council’s decision, he has an alternative remedy available to him through the courts. As he has this right of appeal to the courts which we would reasonably expect him to use, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Mr X’s complaint because if Mr X wishes to challenge the legality of the Council’s decision, he can do so through the courts so placing the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman