Somerset Council (24 002 911)
Category : Planning > Building control
Decision : Closed after initial enquiries
Decision date : 10 Jun 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s building control service. This is because the complaint is late.
The complaint
- Mr X has complained about the Council’s building control service. Mr X used the building control service during the construction of his ground floor extension. Mr X says the building inspector requested unnecessary works which have caused issues during the construction of a first floor extension at the property. Mr X says he has incurred additional costs because of the Council’s actions, and it should compensate him.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- I consider Mr X’s complaint about the Council’s building control service late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X has known about the issues he has complained about since 2021 and he complained to the Council at the time. I see no good reason to exercise discretion to investigate now as Mr X could have complained to the Ombudsman sooner.
Final decision
- We will not investigate Mr X’s complaint because his complaint is late.
Investigator's decision on behalf of the Ombudsman