Summary: We will not investigate Ms B’s complaint that the Council was at fault for the way it inspected the construction of an extension to her property under the building regulations. This is because an investigation would not achieve a meaningful outcome.

The complaint

1. Ms B complains the Council was at fault when it inspected the construction of an extension to her property under the building regulations. Ms B says the roof is defective and has resulted in water leaks. Ms B says the Council’s inspection records show the Council noted that the roof was not in line with the approved plans. But, the Council cannot produce any evidence to show how it assessed this issue before the Council issued a completion certificate. Ms B would like the Council to take a range of actions including to apologise and pay her compensation.

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 an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(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 Ms B.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. We will not investigate this complaint. This is for two reasons.
6. First, the Council inspected these building works between 2010 and 2014.
7. Because of the significant amount of time that has passed since the events complained about, it is highly unlikely we could make sound findings about whether there was fault by the Council when it inspected these building works.
8. Second, the primary responsibility for compliance with building regulations rests with building owners and builders. The Council’s role is to maintain building standards for the public in general rather than protect the private interests of an individual. And importantly, the courts have held that councils are not liable for the cost of putting right defective building work which does not meet the building regulations (Murphy v Brentwood District Council).
9. So, an investigation would not result in us asking the Council to make a payment to Ms B which the courts have said councils are not required to pay.

Back to top

Final decision

10. We will not investigate Ms B’s complaint because an investigation would not achieve a meaningful outcome.

Back to top

Investigator's decision on behalf of the Ombudsman