Summary: We will not investigate this complaint about a building control matter. This is because we cannot investigate the actions of the private company complained about. Also, there is no evidence of fault by the Council.

The complaint

1. Miss B complains a building control company, which inspected an extension to her property several years ago, did not give her a completion certificate. Miss B says she now needs the certificate but the company is refusing to help. Miss B also complains the Council is charging her £650 for a regularisation certificate to confirm the extension meets building regulations.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as private companies which are not acting on behalf of a local authority or providing an adult social care service. (Local Government Act 1974, sections 25 and 34(1), as amended)
3. 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 an investigation if we decide there is not enough evidence of fault to justify investigating.

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

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How I considered this complaint

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

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My assessment

6. We will not investigate this complaint.
7. Miss B’s complaint is mainly about the actions of a private building control company.
8. We do not have the power to investigate a complaint about the actions of a private company performing a building control service. This means we have no discretion to investigate the main issue Miss B complains about.
9. We could investigate the Council’s actions. But, the Council is allowed to charge Miss B a fee for a building control regularisation certificate. So, there is no evidence of fault to justify an investigation into the Council’s actions.

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Final decision

10. For the above reasons we will not investigate this complaint.

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Investigator's decision on behalf of the Ombudsman