Wokingham Borough Council (19 019 454)
The Ombudsman's final decision:
Summary: The Council delayed in issuing a completion certificate to Mr Q and failed to respond to his correspondence. The Ombudsman finds this is fault. However, we do not intend to investigate the complaint as we consider the Council’s apology, changes to procedures and offer of £100 remedies the injustice caused. And further investigation is unlikely to lead to a different outcome.
The complaint
- Mr Q complains about the Council’s delay in issuing the completion certificate for an extension he had built at his home.
- He says he is an elderly person and this caused him considerable distress, and he was put to a lot of time and trouble.
- As stated in his complaint to the Ombudsman, he wants the Council to pay him £550 or more, in compensation.
The Ombudsman’s role and powers
- 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)
- 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 further investigation will lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered the information provided by Mr Q including the Council’s responses to his complaints.
- He commented on the draft version of this decision.
What I found
- In June, the Council inspected a completed extension and associated work at Mr Q’s home.
- The Council’s information says a completion certificate will be issued once the building control team are satisfied the project complies with building regulations.
- Mr Q and his daughter contacted the Council repeatedly during July and August as he had not received the completion certificate, but the Council failed to respond.
- In September he made a formal complaint to the Council, demanding it issue the completion certificate without further delay and pay him “reasonable compensation”.
- In its response to Mr Q the Council acknowledged the failure to issue the completion certificate. It arranged for it to be issued and apologised for the delay. It also apologised for the delay in responding to Mr Q’s correspondence.
- Mr Q was not satisfied with the response and escalated his complaint. The Council issued a final response in April. It apologised for the delay in making its final response and confirmed it had carried out a full investigation into the complaint.
- The Council acknowledges its delay in issuing the completion certificate was unacceptable. It also accepts its treatment of Mr Q fell below the service standard expected. It’s response states it understood Mr Q was seeking a refund of the completion certificate application fee. However, it could not refund the full fee as this covered the cost of plan checking, site visits, administration and issuing the completion certificate. Nevertheless, in recognition of its failures to issue the certificate promptly or respond to Mr Q’s correspondence, it has offered Mr Q £100. It has also confirmed it has introduced new procedures to ensure completion certificates and complaints are dealt with promptly.
- I understand Mr Q is dissatisfied with the Council’s actions and its offer. In his complaint to the Ombudsman he states he is seeking £550 (the application fee) or more. However, the apology and offer made by the Council is in line with the Ombudsman’s guidance on complaint remedies.
Final decision
- I will not investigate this complaint as further investigation is unlikely to lead to a different outcome. The Council has:
- Apologised to Mr Q for the delays and failure to issue the completion certificate and respond to his correspondence
- Put in place procedures to prevent the same delays reoccurring; and
- Offered Mr Q £100 in recognition of the time and trouble spent pursuing his complaint
I considered the above actions provide a suitable remedy to the injustice suffered by Mr Q.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman