Summary: We will not investigate this complaint about how the Council dealt with the complainant’s application for building regulations approval. This is because it is unlikely an investigation by the Ombudsman would add to the Council’s response.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the service he received from the Council’s building control department. Mr X used the Council’s building control service while completing building work at his property. He says he received limited communication from the Council and there was a delay before it issued the completion certificate.

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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:

• we could not add to any previous investigation by the council, or
• 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

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

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My assessment

4. Mr X says there was a delay before the Council issued a completion certificate for the works. He says he incurred additional costs because of the delay as he had to arrange for the builder to visit again after the works were finished to take photographs requested by the Council.
5. In response to Mr X’s complaint, the Council has apologised for the service failure and delays. It says its documents and procedures are being revised and the building control department is being restructured to enhance capacity and address the issues raised.
6. Mr X has said the Council should refund the building control fee he paid because of the problems he encountered. But the Council did provide Mr X with the building control function he paid for. I understand there were delays. But the Council has apologised and set out the steps it is taking to address these issues. I consider this a suitable remedy in the circumstances, and it is unlikely an investigation by the Ombudsman would add to this or achieve any more for Mr X.

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Final decision

7. We will not investigate Mr X’s complaint because it is unlikely an investigation by the Ombudsman would add to the Council’s response or achieve any more for Mr X.

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Investigator's decision on behalf of the Ombudsman