Summary: We will not investigate this complaint alleging the Council has not complied with Mr X’s request for a ‘district surveyor’ to inspect damp in his property. This is because there is no indication of fault by the Council.

The complaint

1. Mr X says the Council has not complied with his request for a ‘district surveyor’ to visit to inspect the damp in his property caused by his neighbour’s building works.
2. He says his family can barely catch their breaths and his elderly mother is particularly affected.
3. He would like any papers from the council ‘signing off’ his neighbour’s building works.

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The Ombudsman’s role and powers

4. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we are unlikely to find evidence of fault in the Council’s actions.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council says an officer from its housing enforcement team has visited Mr X’s property. And its building control team have advised Mr X over the telephone they cannot get involved in a civil matter between Mr X and his neighbour.
8. This matter is a private ‘party wall’ issue between Mr X and his neighbour and the Council has not been involved in his neighbour’s building work. So, it is unlikely to have papers ‘signing off’ the works.
9. Mr X says he intends to take legal action against his neighbour. This is the most appropriate remedy for his complaint. There is no indication of fault by the Council here.

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Final decision

10. We will not investigate Mr X’s complaint because there is no indication of fault by the Council.

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Investigator's decision on behalf of the Ombudsman