The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because it is unlikely we could achieve a worthwhile outcome for the complainant.
The complaint
Ms X has complained about the Council’s building control service. She says the Council failed to properly inspect the plans for the proposed development and did not notice the work did not comply with building regulations. The issue was not discovered until the building control officer visited the site and Ms X says she has incurred significant costs because of the Council’s error.
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 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, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms 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.
In this case, Ms X used the Council’s building control service when she was carrying out building work to her property. Ms X says she has incurred additional costs because the Council did not properly review her plans. Ms X says the Council should compensate her as the issues she experienced would not have occurred had the building control officer correctly inspected the plans.
However, the Council does not act as a clerk of works or a site manager and the responsibility for compliance with the regulations rests with the building owners and builders. The Council’s role is to maintain the building standards for the public in general rather than protect the private interests of an individual. Therefore, we would not say the Council is responsible for the problems with the building work or that it should compensate Ms X for the cost of rectifying the issues.
Final decision
We will not investigate Ms X’s complaint because it is unlikely an investigation would achieve a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman