The Ombudsman's final decision
Summary: We cannot investigate Mrs B’s complaint about the Council issuing her with a financial penalty for alleged housing offences. This is because Mrs B appealed to the residential property tribunal.
The complaint
Mrs B complains the Council wrongly issued her with a civil penalty for housing related offences. Mrs B would like the Council to reduce the fine by 50% in line with the Council’s Housing Enforcement Policy because she is on a low income. Mrs B says she has paid half the fine and the Council should not expect her to pay the remaining amount.
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 Mrs B and the Council. I have read the residential property tribunal’s decision on Mrs B’s appeal which is available online. I have also read the Council’s Housing Enforcement Policy.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B put in an appeal to the residential property tribunal against the financial penalty issued by the Council.
The tribunal found the Council’s case was proven and the financial penalty was in line with the Council’s Housing Enforcement Policy.
If Mrs B considered she was entitled to a 50% reduction of the financial penalty she could have made this argument as part of the tribunal proceedings.
The tribunal had the power to consider these submissions and reduce the financial penalty. The tribunal noted Mrs B did not make any submissions about the amount of the fine.
This means we cannot investigate Mrs B’s complaint about the Council’s decision to issue this financial penalty or the amount of the penalty.
Final decision
We cannot investigate Mrs B’s complaint because she put in an appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman