The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s concerns about damage caused to her home by her neighbour’s building work. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.
The complaint
Ms X has complained about how the Council has dealt with her concerns about her neighbour’s building work. She says her home is being damaged and the Council has failed to properly look into the issues she has raised.
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 do not start an investigation if we decide 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 Ms X and the Ombudsman’s Assessment Code.
My assessment
Ms X says the Council has not properly looked into her concerns about the damage to the party wall and says the bathroom installed should be relocated to address the problem. But the Council cannot tell Ms X’s neighbour how to design their building work and issues relating to property damage will be a private civil matter between Ms X and her neighbour.
Final decision
We will not investigate Ms X’s complaint because the issues complained about will be a private civil matter between her and her neighbour.
Investigator's decision on behalf of the Ombudsman