Summary: We will not investigate this complaint about how the Council responded to Mrs X’s concerns about building work taking place next to her property. This is because there is no evidence of fault by the Council.

The complaint

1. Mrs X complains that builders working on a neighbouring property have caused damage to her home. She also complains that they have engaged in unsafe working practices which pose a significant risk to the public. Mrs X says the Council has not taken action to stop this.

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The Ombudsman’s role and powers

2. 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))
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Health and Safety Executive. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Health and Safety Executive is responsible for enforcing safe working practices with regards to construction or building work. Therefore we cannot criticise the Council for failing to act as it has no powers to take action.
7. The Council also has no powers to intervene if builders are causing damage to Mrs X’s property. This is a civil matter between Mrs X and those involved and she may wish to seek legal advice regarding this.
8. The Council is responsible for ensuring building work complies with building regulations. Once the Council was aware of the building work it contacted the owner to advise that a building regulation application was required for the work. The Council says it will arrange an inspection once work is complete. The purpose of building regulations is to ensure that building work is completed in line with building standards set out in law. It does not relate to damage caused to neighbouring properties or the conduct of builders whilst work is being carried out. Therefore there is no evidence of fault in how the Council has dealt with this matter.

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Final decision

9. We will not investigate Mrs X’s complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman