Summary: We will not investigate this complaint about the Council failing to take action against scaffolding erected at the building where the complainant lives. There is not enough evidence of fault by the Council.

The complaint

1. Mr X says the Council has failed to help him with his concerns about the loss of light and view at his flat after scaffolding was erected around the building.

Back to top

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))
3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mr X, and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. I appreciate Mr X was very concerned about the impact of the scaffolding on the living conditions within his property.
6. But the Council was not responsible for erecting the scaffolding, and I am unaware of any regulatory powers which would enable it to take any action to get the scaffolding removed in this particular situation.
7. Rather, this appears to be a private, civil matter between Mr X and whomever was responsible for having the scaffolding erected.
8. The Ombudsman will therefore not investigate the complaint, as there is not enough evidence of fault by the Council.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman