The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to provide a building control service paid for by the complainant. The Council has apologised for failing to respond to the complainant’s correspondence, refunded the building control fee and provide the required information. We are satisfied with these actions and do not consider that further investigation will lead to a different outcome.
The complaint
Mr X made a building control application to the Council to regularise his wood burning stove and paid the required fee. He complains the Council: sent an inexperienced officer to inspect the work failed to contact him following the inspection; and failed to provide information on how to arrange a witnessed smoke test He also complains a Council officer viewed his profile on a professional website.
Mr X wants: compensation for financial loss incurred while he could not use the wood burner an apology from the officer who viewed his profile; and a compliance certificate so he can use the wood burner
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council accepts its communication with Mr X was poor. It has refunded the building control application fee.
It has provided evidence to show it wrote to Mr X providing information of what a smoke test entails and to contact the Council to arrange for an officer to witness the smoke test.
So, the Council has apologised for a lack of communication, refunded the building control fee and a provided information on smoke tests. I understand Mr X wants compensation for having to use central heating instead of the wood burner which was more expensive. However, I consider we are unlikely to be able to reach conclusive findings on such matters. Therefore, I do not consider that further investigation will lead to a different outcome.
Mr X also complains an Officer viewed his profile on a professional profile website. As Mr X placed his personal details on a publicly accessible website, I cannot see how a Council employee viewing this publicly available information to be fault by the Council.
Final decision
We will not investigate Mr X’s complaint because we are satisfied with the Council’s apology, refund of the building control fee and provision of information on smoke tests. We do not consider that further investigation will lead to a different outcome.
Investigator's decision on behalf of the Ombudsman