Summary: We will not investigate this complaint about the Council’s failure to act on reports of damage to a listed building and a failure to respond to the complaint. There is not enough evidence of personal injustice to justify an investigation. Also, we consider an investigation will not lead to a different outcome.

The complaint

1. Mr X complains the Council has failed to act to protect a listed building and failed to respond to his complaint.

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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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

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

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My assessment

5. The Council has confirmed planning and building control officers have visited the site of the listed building. It says they sought further information from the developer and had arranged a meeting with officers from its following departments:
• Planning
• Planning Enforcement
• Building Control
• Conservation; and
• Legal Services
6. It gave Mr X contact details for a named officer who will liaise with the public and confirmed work is ongoing.
7. The Council apologised for the delay in dealing with Mr X’s complaint. It says it has taken steps to address email backlogs and improve its complaint management.
8. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
9. I acknowledge Mr X has found the damage to the listed building upsetting and the delay in responding to his complaint frustrating. However, I do not consider this injustice is significant as to warrant an investigation. The Council confirms work on the development of the listed building is ongoing and it has apologised for the delay in responding to Mr X’s complaint. I consider further investigation will not lead to a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because we do consider he has suffered a significant personal injustice and further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman