Summary: We will not investigate this complaint about the Council’s failure to ask permission to erect scaffolding on Mrs X’s home and the poor timing of a hand delivered letter. The Council has acknowledged it should have discussed the matter with her direct and has apologised for the insensitivity of hand delivering a letter on new year’s eve. It has also confirmed it has taken steps to avoid repetition of such events. We consider further investigation will not lead to a different outcome.

The complaint

1. Mrs X complains the Council failed to ask permission to erect scaffolding on her home to facilitate work to be carried out on the property they own next door.

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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 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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X received a hand delivered letter from the Council on new years’ eve. It informed her it would be erecting scaffolding on her home to facilitate work to the property next door.
6. Mrs X complained to the Council about the lack of consultation and the fact it had not asked permission to erect scaffolding on her home, rather it informed her it would be doing so.
7. The Council has acknowledged communication in advance would have avoided the cause of her complaint. It has apologised for:
• Its failure to appoint a party wall surveyor in advance.
• Incorrectly addressing the letter; and
• The insensitivity of delivering the letter on new year’s eve.
8. In response to my enquiries Mrs X confirmed she refused permission for the Council to erect scaffolding on her home.

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Final decision

9. We will not investigate Mrs X’s complaint because the Council has acknowledged it should have discussed the matter with her directly. It says it has taken steps to avoid repetition of such incidents. We consider further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman