Summary: We will not investigate this complaint about the Council’s failure to inspect Mr X’s building work as part of his application for Building Regulations approval. This is because the Council has now refunded his fee and there is nothing further we could achieve by investigating this complaint.

The complaint

1. Mr X complains the Council failed to inspect building work for his inspection after he paid it to check compliance with Building Regulations. Mr X says the Council also failed to respond to his correspondence.
2. Mr X says he and his builders were put to unnecessary time and trouble pursuing the Council to resolve the matter.

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The Ombudsman’s role and powers

3. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code and Guidance on Remedies.
6. The complainant had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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My assessment

7. The Council has now refunded Mr X the money he paid for making an application for Building Regulations approval. Mr X says he has been advised that the work he carried out may not require approval anyway.
8. As the Council has now refunded Mr X’s fee I do not consider there is anything further we could achieve from an investigation into this complaint. Whilst I appreciate Mr X has been caused some time and trouble pursuing this with the Council, I do not consider it to be at a level which would justify us recommending the Council pay him a financial remedy.

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Final decision

9. We will not investigate this complaint. This is because an investigation into this complaint would not result in a different outcome.

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Investigator's decision on behalf of the Ombudsman