Summary: We will not investigate this complaint about the Council’s decision not to act on the complainant’s report about the actions of a contractor who did work in her home. This is because we are unlikely to find fault in the Council’s actions.

The complaint

1. Mrs X complains the Council refuses to make a contractor pay for installing the wrong pump in her shower and for the costs of having to pay a third party to fix the problem.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mrs X engaged a company to fit a (shower) pump. She says the wrong type of pump was fitted which failed. Following negotiations with the company, Mrs X contacted the Council.
6. The Council considered Mrs X’s complaint against the contractor. It established the pump was not used according to the manufacturer’s guideline and confirmed it would not taking further action.

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Final decision

7. We will not investigate Mrs X’s complaint. Having investigated her concerns about the company’s action the Council decided not to take any action. This is a decision it is entitled to make. We are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman