Summary: We will not investigate this complaint about the Council’s decision to refuse a building regulation application or the complainant’s concerns that it failed to share information with the Coal Authority. This is because the complainant had a right to appeal against the decision to refuse her application. It is also unlikely we would find fault in relation to the remaining issues complained about.

The complaint

1. The complainant, whom I shall refer to as Miss X, has complained about the Council’s decision to refuse her building regulation application. She also complains the Council failed to pass on information to the Coal Authority regarding the presence of a mine shaft near her property.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
4. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating.

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

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How I considered this complaint

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

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My assessment

6. We will not investigate Miss X’s complaint about the Council’s decision to refuse her building regulation application. This is because Miss X had a right of appeal to the Secretary of State for Communities and Local Government if she disagreed with the decision. I consider it would have been reasonable for Miss X to have used her appeal right and the Ombudsman will not usually investigate a complaint where an appeal right exists.
7. Miss X has also complained the Council failed to pass information onto the Coal Authority. She says the Council was aware of the mine shaft near her home 20 years ago when it was dealing with her neighbour’s planning application. Miss X says if the Council had asked the Coal Authority to update its records at the time, the mine shaft would have shown up on the searches she carried out before purchasing her home. Miss X says she would not have bought the property had she known about the mine shaft and is now concerned about the safety of her home and says it has lost value.
8. Miss X says the Council should take responsibility for not passing information onto the Coal Authority. However, it would not be the Council’s responsibility to ensure the Coal Authority’s records were accurate. Therefore, it is unlikely I could find fault by the Council in this regard.

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Final decision

9. We will not investigate Miss X’s complaint because she had a right to appeal against the Council’s decision to refuse her building regulation application. It is unlikely we would find fault by the Council in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman