Summary: We will not investigate this complaint about the Council’s building control service. This is because we are unlikely to find fault.

The complaint

1. Mr X has complained about the Council’s building control service. He says the Council incorrectly said the product he manufactures does not comply with building regulations. Mr X says the Council has misinterpreted British Standards and its actions have impacted his business as clients have needed to use an alternative product so their building works can be signed off.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(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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My assessment

5. One of Mr X’s clients used the Council’s building control service for building works they were carrying out at their property. A product manufactured by Mr X was used for the project. However, the Council said it did not comply with building regulations.
6. Mr X disagrees. He says the Council has misinterpreted British Standards and not considered the information available about the product. Mr X says other authorities consider the product acceptable and he has lost business and his reputation has been damaged because of the Council’s actions.
7. However, it is for the Council to decide if it is satisfied that building regulations have been complied with before it issues a completion certificate. The Council has explained why it did not consider Mr X’s product complied with regulations. I understand Mr X disagrees with the Council’s reasoning, but this was a decision the Council was entitled to make. Therefore, it is unlikely we would find fault by the Council or that an investigation would lead to a different outcome.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman