Summary: We will not investigate this complaint about the way the Council inspected the building where he lives when it was being built. This is because the events complained of happened too long ago for us to be able to carry out an effective investigation.

The complaint

1. Mr X complains the Council failed to inspect the building where he lives whilst it was being constructed to ensure it was safe. Mr X says he has recently discovered that the building lacks fire breaks and is concerned about the risk to himself and others.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council carried out inspections of the building whilst it was being built in 2004 and 2005. The Council says it has some records showing inspections were carried out.
6. It is unlikely we would be able to carry out an effective investigation into this matter. The events complained of happened over 15 years ago and whilst some records from the time may exist it is unlikely supporting evidence such as officer’s notes would be retained and it is also unlikely officers involved would be able to clearly recollect what happened at the time.
7. Furthermore, ultimate responsibility for ensuring the building is constructed and maintained properly lies with the builder, developer and now the freeholder. It is unlikely we would be able to hold the Council responsible for any defects in the building for a number of reasons, not least that the passage of time causes difficulty in us establishing the causality of any of the Council’s actions give the underlying responsibility of other parties involved and any actions taken since the Council’s involvement. This means it is unlikely we could achieve a remedy.
8. For these reasons we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot carry out an effective investigation into his complaint due to the time that has passed since the events complained of.

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Investigator's decision on behalf of the Ombudsman