Summary: We will not investigate this complaint about how the Council dealt with a building control matter. We are unlikely to achieve anything more than the actions already undertaken by the Council.

The complaint

1. Ms X complains the Council should compensate her for the significant inconvenience and physical, emotional and mental pain she has experienced as a result of its building control department incorrectly certifying a stove/flue system installed at her home.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• we are satisfied with the actions already taken by the Council in response to the complaint.

(Local Government Act 1974, section 24A(6) & (7), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council, which included their complaint correspondence.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. A Council may inspect work or issue a completion certificate, but this is not a guarantee that all works meet with Building Regulations. Case law has established that primary responsibility for building work and compliance with the Regulations rests with those carrying out the work, and Council’s are not directly liable for poor or unlawful works.
6. In this case, the Council accepted the incorrect installation of the stove/flue system was not identified when building control inspected and certified it in 2018. As a gesture of good will, and in order to make the system safe, the Council offered to pay for it be replaced and for any associated redecoration works.
7. The Council also says it has implemented additional measures that will be taken by building control as part of the inspection process, including verification by a third-party expert where relevant, especially in respect of an application for a Regularisation Certificate (retrospective application)
8. Given the limitations imposed by the case law referred to above, the Ombudsman will not start an investigation as we are unlikely to achieve or recommend anything more than the actions already undertaken by the Council.

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Final decision

9. We will not investigate Mrs X’s complaint because we are unlikely to achieve anything more than the actions already undertaken by the Council.

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Investigator's decision on behalf of the Ombudsman