Summary: X complained about the Council’s decision to end its investigation into health and safety matters on the site next to X’s home. We found no fault in the way the Council made its decision.

The complaint

1. The person that complained to us will be referred to as X.
2. X complained the Council has failed to control an unsafe workplace, which affects X’s safety.
3. X said they cannot use their garden as it is unsafe.

Back to top

The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

6. I read the complaint and discussed it with X. I read the Council’s response to the complaint and considered documents from its files, including notices served under the Health and Safety at Work Act 1974.
7. I gave the Council and X an opportunity to comment on a draft of this decision and I took account of the comments I received.

Back to top

What I found

8. Control of health and safety in workplaces is shared between councils and the Health and Safety Executive.
9. The workplace next to X’s home falls within the control of the Council.
10. X complained about unsafe work practices because workers were accessing a flat roof of a building that sits on the boundary with X’s home. X was concerned that materials or people might fall from the roof, injuring themselves or others. X said they are fearful of using their garden, because of the risk posed by the use of the roof.
11. The Council provided details from its files to show dates of complaints and investigations, what was found during the investigations and the actions it took.
12. The Council did find problems with work practices, and it served:
• an improvement notice to require a safe means of access to the roof; and
• a prohibition notice because there were no handrails to stop persons from falling while working on the roof.
13. The Council did not require that rails were placed on the side of the roof next to X’s boundary, because it considered the risk of persons or material falling onto X’s land was remote.
14. After further visits to the site, the Council decided it was satisfied the employer had implemented a safe system and so it ended its investigation.

My findings

15. Before it completed its investigation, the Council considered X’s concerns, took account of its powers under health and safety legislation, served enforcement notices, visited the site to assess the risks and made a decision.
16. The Council has followed the decision-making process we expect and so I find no fault.
17. X disagrees with the judgement the Council’s officers have made. X believes the risks posed by the use of the roof are unacceptable. We are not an appeal body. Our role is to review the process by which planning decisions are made. Because of this, in the absence of some fault in the decision-making process, I cannot comment on the judgements the officers have made.

Back to top

Final decision

18. I found no evidence of fault in the way the Council made its decision relating to health and safety matters on land next to X’s home. I have now completed my investigation.

Back to top

Investigator's decision on behalf of the Ombudsman