Summary: We will not investigate Mr X’s complaint about the accuracy of the Council’s records concerning issues with a development Mr X was working on. This is because we cannot resolve the dispute or achieve any worthwhile outcome for Mr X.

The complaint

1. The complainant, Mr X, complains the Council’s building control officer falsely recorded that they had warned him about issues with construction at a site he was working on when he says they did not. He disputes the Council’s records and says they have damaged his reputation and resulted in sanctions by his professional body.

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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 do not start an investigation if we decide 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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. We cannot get to the bottom of whether the Council’s building control officer warned Mr X about the issues with the building work or not. The issue hinges on Mr X’s statement and that of the building control officer and they do not agree. We could not therefore reach a view as to which version of events is correct.
5. In any event the injustice Mr X claims relates to the conclusions drawn by Mr X’s professional body, clients and prospective clients and it is not for us to investigate to prove them wrong. Mr X likely had the opportunity to challenge the Council’s claims to his professional body and can tell any clients or prospective clients that he disputes the Council’s version of events.

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Final decision

6. We will not investigate this complaint. This is because we cannot achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman