Summary: We will not investigate Miss X’s complaint about the Council’s handling of a building control matter. This is because we cannot achieve any worthwhile outcome for Miss X.

The complaint

1. The complainant, Miss X, complains about the conduct of a council building control officer whom she says agreed changes to her build without consulting her. She is also unhappy the Council failed to provide her with information she requested.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Miss X and the Ombudsman’s Assessment Code.

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Background

4. Miss X instructed the Council’s building control department to monitor her building work and check for compliance with the Building Regulations. She complains about the conduct of a building control officer who visited her property and says the Council agreed changes to her build without consulting her. She asked the Council for her building control file and for any data the Council holds about her but says it has refused to provide the information she requested.

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My assessment

5. The Council has provided a comprehensive response to Miss X’s complaint about the building control officer’s conduct. Miss X presents a different version of events and is unhappy with this response. But we cannot decide between them and we cannot achieve the outcome Miss X wants, which is for the Council to take disciplinary action against the officer. This is a matter for the Council alone as the officer’s employer.
6. If Miss X wishes to obtain information from the Council which it does not consider she is entitled to her she should refer the matter to the Information Commissioner. They are the experts in deciding whether information should be released and are better placed to deal with the issue. They may also direct the Council to release any information Miss X is entitled to.
7. In its role as building inspector the Council will check building work for compliance with the Building Regulations and may provide advice about this. It is not a clerk of works. Inspections are prompted by notifications from the homeowner or builder regarding the progress of the work.
8. Miss X suggests the Council agreed changes to her build without her knowledge or that of her agent but it is not responsible for the work carried out. The Council may have advised the builders about compliance with the Building Regulations but the contract for work is between Miss X and the builders. If Miss X’s builders have failed to complete work in accordance with the agreed plans and the contract which is in place this is a private matter between the two parties.

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Final decision

9. We will not investigate Miss X’s complaint. This is because we cannot achieve any worthwhile outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman