The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council has signed off building work which has caused damage to his property. This is because we cannot hold the Council responsible for the damage and cannot therefore achieve any worthwhile outcome for Mr X.
The complaint
The complainant, Mr X, complains the Council signed off substandard building work to his neighbour’s property which has resulted in damage to his property.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Background
Building regulations set standards for the design and construction of buildings to ensure the health and safety of people in and about those buildings.
Caselaw has established that local authorities do not take on liability for substandard work and that liability rests with those responsible for it; that is, the people who carry out the work and those who commission it.
My assessment
Regardless of whether the Council signed off the work to Mr X’s neighbour’s property we cannot say it is responsible for the damage to Mr X’s property. We cannot therefore achieve any worthwhile outcome for Mr X by investigating his complaint.
Mr X may wish to seek legal advice about the possibility of a claim against his neighbour or their builder, neither of whom fall under our jurisdiction.
Final decision
We will not investigate this complaint. This is because we cannot achieve any worthwhile outcome for Mr X.
Investigator's decision on behalf of the Ombudsman