Malvern Hills District Council (23 020 352)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 17 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to create an asbestos risk register to cover the commercial unit rented by the complainant. The Council is not responsible for creating this register and therefore we have seen no evidence of fault.
The complaint
- Miss X complains the Council has failed to create an asbestos risk register to cover the commercial units which includes the unit she rents from a private landlord.
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 do not start an investigation if we decide 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 Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X rents a commercial unit. The Council is not her landlord.
- The Health and Safety Executive Guidance states:
“The person who has the duty to manage asbestos (the 'duty holder') in non-domestic premises, could include the:
- building owner
- landlord for the premises
- person or organisation with clear responsibility for the building's maintenance or repair”
- The Council told Miss X her lease should specify whether the tenant or the landlord is responsible for the asbestos (present in the roof). Whomever is specified as the responsible party must follow guidance from the Health and Safety Executive.
- Therefore, the Council would only have responsibility to create an asbestos register if it owned the units. It does not and Miss X has been advised this is a matter for either the landlord or tenants.
Final decision
- We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s actions to justify an investigation.
Investigator's decision on behalf of the Ombudsman