The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s building control service. This is because the complaint is late.
The complaint
Mr X has complained about the Council’s building control service. Mr X used the building control service during the construction of his ground floor extension. Mr X says the building inspector requested unnecessary works which have caused issues during the construction of a first floor extension at the property. Mr X says he has incurred additional costs because of the Council’s actions, and it should compensate him.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
I consider Mr X’s complaint about the Council’s building control service late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X has known about the issues he has complained about since 2021 and he complained to the Council at the time. I see no good reason to exercise discretion to investigate now as Mr X could have complained to the Ombudsman sooner.
Final decision
We will not investigate Mr X’s complaint because his complaint is late.
Investigator's decision on behalf of the Ombudsman