Summary: We will not investigate this complaint about the actions of the Council’s building control officers. This is because it is unlikely an investigation could add to the Council’s response. The complainant has also not been caused any personal injustice by the matter.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the actions of the Council’s building control officers. Mr X says the Council has failed to properly investigate the building regulation breaches he has reported to it. He is also unhappy with how the Council has dealt with his concerns. He says it has not responded to his complaint as it should have. Mr X believes the building control inspector may have links to the building owner.

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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:

• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

4. Most building work will require building regulation approval. The regulations will set the standards for design, construction and ensure the health and safety of the people living in or around the building.
5. The Council will normally visit the site at various stages of the build. But councils do not act as a clerk of works and the responsibility for compliance with the regulations rests with the building owners and builders. The Council’s role is to maintain the building standards for the public in general rather than protect the private interests of an individual.

Assessment

6. I will not investigate this complaint about the actions of the Council’s building control officers. This is because it is unlikely an investigation could add to the Council’s response. Mr X has also not been caused any personal injustice by the matter.
7. Mr X contacted the Council to report concerns about building regulation breaches at a new house being built. Mr X had previously been employed to carry out some work on the development but was concerned the building was unsafe.
8. The Council has not yet issued a completion certificate for the build. However, the concerns raised by Mr X were forwarded to the relevant building control inspector and were considered during one of the visits to the site to inspect the works. It is unlikely an investigation by the Ombudsman could add to the Council’s response in this regard. Furthermore, even if I could say the Council did not look into Mr X’s reports about non-compliance with the building regulations, I cannot say he has been caused any personal injustice as a result.
9. Mr X has also complained about how the Council has dealt with his complaint. However, where the Ombudsman has decided not to investigate the main issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling.

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Final decision

10. I will not investigate this complaint. This is because it is unlikely an investigation could add to the Council’s response. Mr X has also not been caused personal injustice by the matter.

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Investigator's decision on behalf of the Ombudsman