Summary: The Ombudsman will not investigate Mr B’s complaint that senior council officers made statements they knew to be incorrect when replying to his December 2018 building control complaint and the Council also provided inaccurate information to its insurers. This is because we would not investigate a complaint about the way the Council has responded to a complaint or claim if we are not investigating the substantive matter.

The complaint

1. The complainant, whom I shall call Mr B, complained that senior council officers made statements they knew to be incorrect when replying to his December 2018 building control complaint and the Council also provided inaccurate information to its insurers. Mr B told us he has suffered significant financial loss.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have considered the information Mr B provided and his comments on my draft decision.

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What I found

5. Mr B says the background to his complaint is he purchased a property which should never have been offered for sale because it did not comply with building regulations. Mr B told us, based on the size and gravity of the Council’s failings, the Council should make an offer of compensation that reflects the loss he has suffered as a result of what he says is the professional negligence of the Council. He says if this is not possible, he would request that a competent, independent body should carry out an independent review of his complaint. But he has made it clear he is not complaining to us about the Council’s action in its building control role. Mr B told us as an absolute minimum he would expect the Council to correct the errors in its reply to his complaint and provide a transparent and professional answer.
6. On request and when satisfied after taking 'all reasonable steps' that the Building Regulations have been met, local authorities must issue a completion certificate. When it responded to Mr B’s complaint the Council accepted there had been some weaknesses and failings in its building control service’s processes and procedures for issuing completion certificates. That led to the Council issuing a completion certificate without evidence of an energy performance certificate. In its response to Mr B’s complaint the Council said it would review the relevant systems and implement new procedures to minimise the risk of similar failings in the future.
7. We would not normally investigate a complaint about the way the Council has responded to a complaint or insurance claim in isolation if we are not investigating the substantive matter which gave rise to the complaint. It is not usually a separable matter. Mr B is complaining to us that there was fault by the Council in its complaint handling role. But the injustice described by Mr B flows in the main from the substantive issue which gave rise to his complaint. The Council says it has forwarded Mr B’s emails to its insurers so they are fully aware of his representations before making a decision on liability.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because we would not investigate a complaint about the way the Council has responded to a complaint or claim if we are not investigating the substantive matter.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman