Summary: We will not investigate this complaint that the Council failed to provide assistance when the complainant reported concerns about his neighbour’s building works.

The complaint

1. Mr X complained the Council’s building control team failed to assist him when he reported that his property was being damaged and affected by his neighbour’s building work.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start 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

3. I considered information provided by Mr X and the Council, which included their correspondence about the matter.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. I appreciate Mr X is concerned about the works being undertaken at, and the state of disrepair of, the neighbouring property.
6. But the Council responded to Mr X’s report/enquiry, explaining the issues he was raising were private, civil matters which building control had no powers to intervene in. The Council has also visited the property and is continuing to monitor the situation.
7. With reference to paragraph 2 above, there is not enough evidence of fault in the way the Council responded to Mr X’s concerns, so we will not start an investigation.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman