Summary: Mr X complains the Council has failed to take proper account of guidance relating to certifying electrical work. The Ombudsman will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has failed to follow the guidance provided by Approved Document P1 Section 3 which covers the certification, installation and testing of electrical works in accordance with the Building Regulations. Mr X says the Council has not taken into account his qualifications and that as a result its charges for third party testing will be too high.

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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 we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr X, including the Council’s responses to his complaint. I gave Mr X the opportunity to comment on my draft decision and considered what he said.

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What I found

4. Mr X is a qualified but unregistered electrician. He contacted the Council about a proposed building control application for notifiable electrical works at the property of a client.
5. Approved Document P1 Section 3 is guidance for local authorities in relation to the certification, installation and testing of electrical works under Building Regulation requirements.
6. Approved Document P sets out three separate procedures of which one must be followed. These are self-certification by a registered competent person; certification by a registered third party or certification by a building control body.
7. Mr X opted for certification by a building control body but as the Council does not employ building control officers who are qualified electricians or registered competent persons, it contracts this aspect of its work out to specialists. The officers are also not qualified to assess a person’s competence based on qualifications but this information is passed on to the specialists used.
8. Mr X complained to the Council that it had not followed Approved Document P properly because it had not taken into account his qualifications before deciding if any third-party testing or inspection was required and so adding to the charges he would have to pay.
9. In response, the Council told Mr X that it was entitled to ask for proof of qualifications and to check whether those qualifications were equivalent to a competent person scheme. To do so it said it was entitled to make a charge for using a third-party who was a registered competent person.

Assessment

10. I understand Mr X is disappointed that he had to obtain certification for his work either by using a registered third party or a building control body when he is an experienced electrician. However, the Council is not obliged to have this work carried out by building control officers and instead it contracts it out to specialists. The specialists will determine the level of inspection and testing required based on the works and the qualifications of the person who installed them and the charge is made accordingly.
11. In responding to my draft decision Mr X says the issue is that the Council is refusing to take into account his qualifications and wants to charge him, a qualified person, the same fee as it would for someone who had never before carried out any electrical work. However, Mr X does not know what fee he will be charged because no quote has yet been provided as the specialist used by the Council has not received Mr X’s response to general queries about the work. The Council has said it will pass on details of his qualifications to the specialist who will then decide what effect, if any, this will have on the testing to be done and the fee to be charged.
12. I do not consider an investigation by the Ombudsman would be likely to find evidence of fault by the Council.

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Final decision

13. The Ombudsman will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman