Summary: We will not investigate this complaint about building work carried out by the complainant’s neighbour. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

The complaint

1. Mr X allowed his neighbour access to his garage so they could carry out building work to extend their property and in return they agreed to re-build the garage at no cost. However, Mr X says the garage has been completed to a poor standard. He says the Council should take action against his neighbour and ensure the builders rectify the problems.

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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 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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Final decision

5. We will not investigate Mr X’s complaint because the issues complained about will be a private civil matter between him and his neighbour and it is not for the Council to intervene.

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Investigator's decision on behalf of the Ombudsman