Summary: We will not investigate this complaint about a property that is in disrepair near the complainant’s home. This is because it is unlikely an investigation would add to the Council’s response or lead to a different outcome.

The complaint

1. Ms X says the Council has mishandled enforcement action against the owner of a property that is in disrepair. She says the issues with the property make her home and garden unsafe. She wants the Council to take enforcement action and review how it handled the case.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In 2023, Ms X noticed cracks at the rear of her neighbour’s property and was concerned about the safety of the building. After trying to resolve the matter with the managing agency for the property, Ms X contacted the Council in 2024. The Council caried out a site visit and requested further information from Ms X’s neighbour. This included the request for an inspection of the site. Following this, the Council issued a formal improvement notice giving Ms X’s neighbour a deadline to carry out the required work to the building.
6. Ms X has raised concerns about the inspection completed before the improvement notice was issued. She also complains the improvement notice has not been complied with.
7. I am satisfied the Council properly looked into Ms X’s concerns about the safety of the building and took formal action against Ms X’s neighbour by issuing the improvement notice.
8. I understand Ms X wants a full inspection of the building to be carried out before allowing access via her property. However, the Council explained to Ms X that defective parts of the building would be demolished and replaced and if this was completed, a full inspection was not required. It has also said that building control approval would still be required. The Council was entitled to use its professional judgement in this regard.
9. Ms X complained the Council has not taken further action since it issued the improvement notice and the building is still unsafe.
10. But this is due to Ms X not allowing access for the works to be completed. The Council has been in contact with the owner of the building and has considered its enforcement options. Although Councils have the power to take action when a category two hazard is identified it does not have a duty to do so and I am satisfied it has explained why further work has not been carried out at the property.
11. We will not investigate this complaint because it is unlikely an investigation would add to the Council’s response or lead to a different outcome.

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Final decision

12. We will not investigate Ms X’s complaint because it is unlikely further investigation would add to the Council’s response or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman