Summary: We will not investigate this complaint about clearing debris from a private building. There is insufficient evidence of fault by the Council which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to remove plaster debris from an alleyway following a fall of loose plaster from the ceiling of the alleyway which is private property. He says the Council should use powers available to it to clear the debris and make the owner repair the building.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X reported to the Council that plaster had fallen from an alleyway ceiling near his home and needed moving from the footway. The Council inspected the site and said that the street cleaning team had cleared the plaster to the sides so that the footway was not obstructed. Mr X was dissatisfied with this as he wanted the debris to be removed.
6. The Council inspected the ceiling, and its officers removed some further loose plaster. Mr X says it should use powers under the Building Act 1984 to make the owner repair the dangerous structure. The Council told him that the ceiling is not structural or dangerous and the Building Act powers would not be appropriate in this case. It officers have spoken to the owner’s agent and works are proposed to repair the plaster damage in the future. The debris is the owner’s responsibility as it is not litter or fly-tipping.
7. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process. The Council has used its powers proportionately to the incident which Mr X reported.

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Final decision

8. We will not investigate this complaint about clearing debris from a private building. There is insufficient evidence of fault by the Council which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman