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Birmingham City C (04C16327)

Building control                             Maladministration causing injustice

29 September 2005

The complainants were concerned because the Council failed to properly identify works that were required by the Building Regulations when they started home improvement works, which included a loft conversion and a new stairway.

To some extent the complainants expected more of the Council than was reasonable. They chose to use a method of obtaining approval under the Building Regulations that was inherently risky, and could not expect the Council to offer full advice without clear prompting. However, at one point an officer clearly failed to advise correctly and, as a result, the complainants continued with work that has proved abortive.

The Ombudsman finds maladministration causing injustice and recommends that the Council should compensate the complainants for the abortive works, and pay them a further £500 for their time and trouble and the needless inconvenience that arose. The Council has indicated a willingness to compensate the complainants if they can provide evidence of the cost of the abortive works.

Date Published: 26/02/10