Summary: Mr X complains about unreasonable delay before the Council issued a regularisation certificate for building works at his home. There was unreasonable delay by the Council. The Council agreed a financial remedy to account for the unnecessary time and trouble Mr X was put to in pursuing matters with the Council.

The complaint

1. Mr X complains about unreasonable delay before the Council issued a regularisation certificate for building works at his home.
2. Mr X wants the Council to review its method of liaising with clients; review its method of final inspections; and offer a refund of all or part of the fee he paid for the regularisation process.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’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)

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How I considered this complaint

5. I reviewed the complaint and background information provided by Mr X and the Council. I sent a draft decision statement to Mr X and the Council and considered the comments of both parties on it.

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What I found

6. Mr X bought his home in December 2015. Mr X had to go through the regularisation procedure with the Council with regard to certain building work in his home. Where unauthorised work has been carried out by a homeowner, with no notice given or plans submitted, an application can be made to a local authority’s building control for a regularisation certificate or letter of regularisation.
7. Mr X started the process with the Council in 2016. In October 2016, a building control officer told him the Council had concluded its inspections. Mr X asked for a regularisation certificate.
8. However, in January 2017 building control officers told him there were outstanding issues with the building works. Mr X challenged officers. He says he reserved his position and provided photographic evidence in support of his view.
9. The Council did not then act on the matter until Mr X formally complained in September 2018. Mr X says the Council did not attempt to address his stage one complaint.
10. Mr X says the Council did not provide answers to why he was left in limbo for 18 months; why his solicitor’s emails were ignored; why his local councillor was ignored; and how this situation could be avoided in other cases.
11. Mr X received a response from the Interim Head of Local Authority Building Standards in January 2019 following the end of the Council’s complaints process. The officer accepted the Council had delayed confirming the outstanding matters. He apologised to Mr X. He explained the service would meet with Mr X and his builder to resolve those matters. The officer explained the Council was understaffed when Mr X’s project came into its purview. He said the officers Mr X dealt with considered most of the issues they initially considered outstanding had been dealt with, and if not dealt with fully, that Mr X had agreed a way forward with the service. There were two issues the service considered outstanding, but the officers simply did not pursue the case further.
12. The Council issued the regularisation certificate in June 2019.

Finding

13. The Council already accepted it unreasonably delayed dealing with Mr X’s application. This was fault.
14. Where we find fault by a council, we must consider the injustice caused to the complaint, and where necessary, a remedy for the injustice.
15. Mr X has a regularisation certificate and so there is nothing further required in terms of the substantive issue.
16. In terms of the delay, I accept Mr X was frustrated by the delay and the Council’s inaction when he or his solicitor wrote to it. Mr X was worried about not receiving the certificate.
17. I consider the apology offered by the Council was a suitable remedy for these failings. I do not consider the delay or inaction warrants a system review or refund of the fee Mr X paid for the service.
18. I find Mr X was put to unnecessary time and trouble in pursuing matters with the Council. The Council agreed to make a payment of £100 to Mr X.

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Final decision

19. There was fault by the Council involving unreasonable delay. The Council agreed to remedy the injustice to Mr X through a time and trouble payment.

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Investigator's decision on behalf of the Ombudsman