Summary: We will not investigate this complaint about inspections carried out by the Council under the Building Regulations. We consider an investigation will not lead to a worthwhile outcome. Also, we will not investigate a complaint about the Council withholding information. It is reasonable to expect the complainant to contact the Information Commissioner’s Office about this matter.

The complaint

1. Mr X complains a building under construction is structurally unsafe.
2. He also complains the Council refuses to release records for the build.

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The Ombudsman’s role and powers

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 another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council confirms it is fully aware of the matter and a full testing regime has been implemented and independently checked. It says:
• It has a report from the design engineers highlighting the specific tensile loadings within the building which justifies remedial measures.
• It has drawings and calculations provided for remedial measures.
• The remedial proposals have been checked independently, and reports prepared by its structural engineer.
8. Most building work will require building regulation approval. The regulations will set the standards for design, construction and ensure the health and safety of the people living in or around the building. The Council will normally visit the site at various stages of the build. However, it does not act as a clerk of works or a site manager. The responsibility for compliance with the regulations rests with the building owners and builders. The council’s role is to maintain the building standards for the public in general rather than protect the private interests of an individual.
9. In this case the Council has inspected the building and obtained reports which it says have been independently checked. It is satisfied there is no breach of Building Regulations and has no evidence the building is dangerous.
10. The Council is entitled to reply on the professional opinions of its Officers. It has carried out its building control duties. We do not consider further investigation will lead to a worthwhile outcome.
11. Mr X also complains the Council refuses to provide him with information he is seeking. The Information Commissioner deals with complaints about the failure of public authorities to comply with the Freedom of Information Act and the Environmental Information Regulations. I consider it reasonable to expect Mr X to complain about this matter to the Information Commissioner’s office.

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Final decision

12. We will not investigate Mr X’s complaint because:
• We do not consider an investigation will lead to a worthwhile outcome: and
• It is reasonable for him to complain to the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman