Erewash Borough Council (22 009 237)
Category : Environment and regulation > Health and safety
Decision : Closed after initial enquiries
Decision date : 23 Oct 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the condition of a building where the complainant lives. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has not suffered enough personal injustice to warrant our involvement.
The complaint
- The complainant, I shall call Mr X says the Council has taken not taken action against the owner of a dangerous building
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr X including the Council’s response to his complainant.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Mr X’s complaint. I understand Mr X is afraid to walk past the building. However, it is not close to his home and there is an accessible pavement on the other side of the street. I do not consider Mr X has suffered sufficient personal injustice to warrant an investigation.
Investigator's decision on behalf of the Ombudsman