Summary: We will not investigate this complaint about the Council’s actions in seeking to recover costs from Mr X following emergency work it carried out to his property under the 1984 Building Act. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation nor can we achieve the outcome Mr X seeks.

The complaint

1. Mr X complains that he has been charged for emergency works carried out to his property by the Council under Section 78 of the Building Act 1984. He says the amount the Council seeks to recover is unreasonable and that all charges should be waived.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 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, or
• there is another body better placed to consider this complaint. (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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council responded to an emergency call out where it carried out emergency works to Mr X’s property under Section 78 of the 1984 Building Act.
7. Under this section of the Act, where it appears to the Council that any part of a building or structure is in such a state to be dangerous and that immediate action should be taken to remove the danger, it can carry out the necessary work and recover reasonably incurred costs from the owner.
8. Mr X complained to the Council about the costs he had been charged. The Council gave him a breakdown of the costs and confirmed it would be seeking to recover them. In responding to my enquiries, the Council has confirmed while its intention is to recover its expenses by issuing legal proceedings against Mr X, it is willing to enter into an agreement with him to pay the costs via a payment plan. It confirmed the local land charge it has put on his property will remain until full payment is made.
9. Officers involved in this case decided that the threat caused by the unsafe structure required emergency work by the Council under section 78. It is not our role to review the merits of this decision. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. I have seen no evidence to suggest fault affected the Council’s decision here.
10. Mr X disputes the amount the Council seeks to recover from him and says the costs should be waived. If he wishes to challenge the Council’s position it is open to him to argue his case in court during any proceedings taken against him. If the matter proceeds to court, the Court is required to consider whether the Council should have instead proceeded under section 77 of the 1984 Act and if it finds that it should have done the Council cannot recover any expenses. This is not an outcome an investigation by the Ombudsman can achieve. The Court will also consider the reasonableness of the expenses claimed.

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Final decision

11. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation nor can we achieve the outcome Mr X seeks.

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Investigator's decision on behalf of the Ombudsman