Summary: We will not investigate this complaint about the Authority’s decision not to issue an enforcement notice. It is unlikely we would find fault, if we were to investigate and we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X was unhappy the Authority refused to serve an enforcement notice on a building developer, after he reported numerous concerns about fire safety in his building. Mr X said he has an increased concern about the potential risk of harm, should a fire occur and this has affected his and his family’s use of his home.
2. Mr X wants us to direct the Authority to issue an enforcement notice.

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The Ombudsman’s role and powers

3. 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, or
• we cannot achieve the outcome someone wants.

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

4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Authority.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X reported concerns to the Authority about poor fire protection measures in the building where he lived. He also provided the Authority with a surveyor’s report in support of his position. He subsequently complained about the Authority’s refusal to issue an enforcement notice on the building developer.
8. During the complaint procedures, the Authority explained that it had visited the building and investigated Mr X’s concerns. It explained it had no power to enforce building controls relating to his property. It said it had inspected a commercial property attached to his property and was in contact with that building owner.
9. Given its explanation about what action the Authority decided to take, in lieu of formal enforcement action, it is unlikely we would find fault in its response. And in any case Mr X wants us to direct the Authority to take a specific course of action. We could not achieve this outcome for him.
10. Mr X was also unhappy with delays in the Authority’s complaint handling procedures. I will not investigate this matter because it is not a good use of public resources, to investigate complaint handling faults, where we are not investigating the substantive issues associated to that.

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Final decision

11. We will not investigate Mr X’s complaint because it is unlikely we would find fault and cannot achieve the outcome he is looking for.

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Investigator's decision on behalf of the Ombudsman