• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• What I found
• Final decision

The Ombudsman's final decision:

Summary: Mr B complains the Council should not have issued a certificate of completion for his neighbours’ extension because it blocked his gas flue. He says he has not been able to use his gas supply and has had no heating for two years. We have discontinued the investigation because we cannot consider a complaint that has been considered in court.

The complaint

1. The complaint, who I shall refer to as Mr B, complains the Council should not have issued a certificate of completion for his neighbours’ extension because it blocked his gas flue. He says he has not been able to use his gas supply and has had no heating for two years.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered:
   • Mr B’s complaint and the information he provided; and
   • documents supplied by the Council.
5. Mr B and the Council had the opportunity to comment on a draft decision.

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What I found

What happened

6. In August 2016, the Council granted planning permission to Mr B’s neighbour, Mr C, for a single storey rear extension and single storey front extension incorporating the conversion of his garage.
7. Mr B took Mr C to court in August 2018. Mr B claimed Mr C’s extension blocked the outlet flue for his boiler. Mr B and Mr C signed a settlement agreement. Mr C agreed to pay for an engineer to move Mr B’s outlet flue and to pay Mr B a settlement sum of £12,500.
8. In October 2019, Mr B complained to the Council because it had issued a certificate of completion for Mr C’s extension when it blocked the outlet flue for his boiler.
9. An independent building surveyor’s report was completed for court in June 2020. The report considered whether Mr C had completed the actions in the 2018 settlement agreement.
10. In November 2020, the court ordered Mr C to carry out further remedial works and pay Mr B the settlement sum.

Analysis

11. Mr B took his neighbour to Court in 2018. The Court ordered Mr C to pay for Mr B’s outlet flue to be moved and to pay him a settlement sum. The Ombudsman cannot investigate matters that have been considered in court.
12. The situation was resolved in court and there is nothing more an investigation by the Ombudsman could add.

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Final decision

13. I have discontinued my investigation because the matter was considered in court.

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Investigator's decision on behalf of the Ombudsman

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