The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council wrongly signed off building work to her property in 2008. This is because we cannot achieve any worthwhile outcome for Mrs X.
The complaint
The complainant, Mrs X, complains the Council signed off building work to her property in 2008 which has caused pollution to a local watercourse. She claims negligence by the Council and believes it should pay for any remedial work required.
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 Mrs X and the Ombudsman’s Assessment Code.
My assessment
When carrying out their functions under the Building Regulations, local authorities may visit at various stages but the number and timings of any inspections vary by local authority and type of development. Local authorities are not present for the great majority of the project and do not act as a ‘clerk of works’.
On request and when satisfied after taking 'all reasonable steps' that the Regulations have been met, the local authority (or any private ‘approved inspector’) must issue a completion certificate. But a completion certificate is not a guarantee that all works are completed to the necessary standard. All the certificate can and does state is that, as far as the Council could tell at the time, building work complied with the building regulations.
Where a local authority issues a completion certificate for work which is later found not to comply with the Building Regulations, the council does not take on liability for the substandard work; this remains with the builder and those who commissioned the work. We cannot therefore say the Council is responsible for the fault or that it should cover the cost of any remedial work.
If Mrs X believes her case is an exception to this rule she may wish to make a claim against the Council and argue the point at court. We cannot determine the Council’s liability for negligence as this is a legal issue.
Final decision
We will not investigate this complaint. This is because we cannot hold the Council responsible for the fault and we cannot therefore achieve any worthwhile outcome for Mrs X.
Investigator's decision on behalf of the Ombudsman