Summary: We will not investigate this complaint about a building control refusal. There is no worthwhile outcome achievable for Mr X by our investigation. For the rest, we cannot investigate as the matter is not an administrative function of the Council and the regulator is not a body within our jurisdiction for investigation.

The complaint

1. Mr X, represented by Mr Y, complained the Council refused his building control application.
2. Mr X also complained about the role of the Building Safety Regulator (BSR) in considering his appeal against the Council’s decision.
3. Mr X said this caused frustration and distress.
4. Mr X wants the matter resolved and the completion certificate released to him.

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The Ombudsman’s role and powers

5. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

7. I considered information provided by Mr Y.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council has considered Mr X’s building control application but disagrees with him about whether it complies with the Building Regulations.
10. We will not investigate this complaint. It is not our role to determine who is correct; we do not have the technical expertise to determine the matter. Also, we cannot direct the Council to issue a completion certificate so there is no worthwhile outcome achievable by our investigation.
11. The Council, when refusing Mr X’s application, signposted him to appeal to the BSR. Mr X says that he has done this, but there has been no meaningful response from the BSR.
12. We cannot investigate this part of Mr X’s complaint. The BSR is not an administrative function of the Council and is not a body within our jurisdiction for investigation.

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Final decision

13. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our investigation. For the rest, we cannot investigate as the matter is not an administrative function of the Council and the regulator is not a body within our jurisdiction for investigation.

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Investigator's decision on behalf of the Ombudsman