Summary: We have upheld Mr X’s complaint about the Council’s contractors failing to replace a mortar fillet they removed. The Council resolved the issue while we were investigating.

The complaint

1. Mr X complains the Council’s contractors failed to replace a mortar fillet along the side of flats owned by a resident’s association.
2. This meant there was no runoff for any water collected in the drainpipe.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council carried out works to the footway in September 2024.
7. There was some confusion as to the complaint sent to the Council. However this has been resolved during our investigation.
8. In response to our enquiries the Council sent an officer to the site, who instructed the contractor to attend the location and install the mortar fillet as required.
9. We request the Council carry this out within a month of our decision.

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Final decision

10. We have upheld Mr X’s complaint. The Council agreed to resolve the complaint.

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Investigator's decision on behalf of the Ombudsman