Summary: We will not investigate this complaint about the wording of the Council’s report following an inspection of the complainant’s property. We consider that further investigation will not lead to a different outcome.

The complaint

1. Ms X complains the Council omitted the word “roof” from its report following an inspection of her property.
2. She says she is living in unhealthy conditions and cannot let or sell the flat.

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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 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 Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s Building Inspector issued a notice stating he visited Ms X’s home following a report of water penetration and ceiling damage/collapse and cracks in the ceiling.
7. The report stated the structure did not appear to be an imminent danger. However, it also noted that failure to complete remedial work to correct the defect could result in a dangerous condition developing in the future.
8. Ms X complained to the Council that the report failed to mention the roof.
9. In response to her complaint the Council confirms the officer reviewed the case file and investigated her complaint with the officers. It is satisfied there was no danger with the structural integrity of the roof and no imminent danger to the public. Therefore the Council would not be justified in serving a notice under sections 77 and 78 of the Building Act 1984.
10. I understand Ms X wants the Council to change the wording of the report to include specific reference to the roof. However, the Council has confirmed in writing that there was no danger to the structural integrity of the roof. I consider further investigation of this point will not lead to different outcome.

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Final decision

11. We will not investigate Ms X’s complaint because further investigation of this point will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman