London Borough of Camden (22 010 123)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 09 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s building regulation application. This is because it is unlikely we could add to the Council’s response.
The complaint
- The complainant, whom I shall refer to as Mr X, has complained about how the Council has dealt with his building regulation application. He says there have been delays, the Council has not properly communicated with him, and it has failed to keep records. Mr X says the Council has still not issued the completion certificate and has asked for unnecessary information and information he has already provided.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- Most building work will require building regulation approval. The regulations will set the standards for design, construction and ensure the health and safety of the people living in or around the building.
- Mr X used the Council’s building control service for building work carried out to extend his home. Mr X has complained about how the Council has dealt with his application and its refusal to issue a completion certificate for the work. Mr X says the Council has asked for information he has already provided, and its lack of records has meant he has needed to spend significant time explaining issues already discussed and approved with the officer that originally dealt with his application.
- However, it is for the Council to decide if it has enough information to sign off the building work. It is also entitled to decide that the information it has already received is not sufficient to issue a completion certificate. I am satisfied the Council has explained what information it still needs, and the building control officer contacted Mr X in response to his complaint to clarify the issues that remain outstanding. The Council says the officer is happy to discuss the matter further with Mr X if additional explanation is needed. I consider it unlikely an investigation by the Ombudsman could add to this response or achieve anything more for Mr X.
Final decision
- We will not investigate Mr X’s complaint because it is unlikely an investigation by the Ombudsman would add to the Council’s response.
Investigator's decision on behalf of the Ombudsman