Summary: We will not investigate Miss X’s complaint about how the Council carried out building control inspections. This is because we do not start an investigation where there is not enough evidence of fault or when an investigation is unlikely to lead to a different outcome.

The complaint

1. Miss X applied for planning permission to make changes to her home. Miss X says she should not have to pay for inspections because the Council did not identify a non-compliant door when she submitted planning permission or during its first inspection.

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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 further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. 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)

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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. Miss X complains that the Council only highlighted a non-compliant door after approval of her planning application and two inspections. She says the Council should have highlighted this sooner. She says this caused delay and extra expense including paying for the extra building control inspection.
7. The Council agreed that it should have identified the non-compliance earlier. It apologised and said that Miss X’s designer could also have highlighted this. It also said that there were several other areas of non-compliance it did highlight. It offered Miss X a suitable financial remedy.
8. I will not investigate this complaint because there is insufficient evidence of fault. Further inspection would have been required even if the fault had not occurred. The Council has admitted the error, taken steps to ensure it doesn’t happen again and has offered a suitable financial remedy. It is unlikely that an investigation would lead to a different outcome.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault and it is unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman