Summary: We will not investigate this complaint about a failure of the Council’s building control team to progress his application or provide him with information. We consider that further information will not lead to a different outcome.

The complaint

1. Mr X complains the Council failed to progress his building regulations application. He also says it lied to him when it told him it had asked for more information.

Back to top

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 further investigation would not lead to a different outcome.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X applied for building regulation approval in February 2025. The Council acknowledged receipt of the application.
6. In May Mr X chased the Council for an update. The Council advised it had sent a letter to his agent in March asking for more information. It provided a copy of the letter to Mr X.
7. Mr X asked the Council for a copy of the covering email sent with the letter to prove the date it was sent.
8. In response to my enquiries the Council has confirmed the officer who sent the email has left the Council and it does not have a copy of the document. However, it says its building control records show the letter was sent in March.
9. I understand Mr X does not believe the Council sent the letter in March and wants a copy of the cover email as proof. But, as the Council confirms it no longer has this email, I consider further investigation will not lead to a different outcome.
10. Mr X also complains about the way the Council dealt with his complaint. We expect councils to follow their complaints procedures. However, we do not consider it a good use of public resources to investigate a possible failure in the complaints procedure when we are not investigating the substantive issue.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because further investigation will not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman