The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Council decision to issue an Emergency Prohibition Order for Ms X’s property. The matter has already been considered by a tribunal.
The complaint
Ms X complains about a Council decision to issue an Emergency Prohibition Order (EPO) for her property. She says the matter has caused distress and put her and her family at risk of homelessness. She wants the Council to compensate her for the distress caused.
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 about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate this complaint. Ms X appealed the Council’s decision to issue the EPO to a tribunal, who has since considered and dismissed her appeal. We cannot investigate a complaint where the matter has already been considered by a tribunal.
Final decision
We will not investigate Ms X’s complaint because the matter has already been considered by a tribunal.
Investigator's decision on behalf of the Ombudsman