The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s action on a dangerous building. We have not seen enough evidence of fault in the Council’s actions.
The complaint
Mr X complains the Council: tried to bully him into carrying out repairs to his rented property took sides in a legal dispute between him and his landlord; and recommended incorrect repair methods.
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 there is not enough evidence of fault to justify investigating.
(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 says a Building Control Officer visited Mr X in 2022. He confirmed work Mr X had carried out in the property basement caused the building to be in a dangerous condition. It says the Officer gave Mr X (who was the builder responsible for the work) detailed advice on what work was required. He also told Mr X that formal action would follow if the work was not completed.
The Council also says the Officer took the same action in 2023 following another visit when further work again resulted in the building becoming dangerous.
I understand Mr X believes the Council should have required the owner of the building to obtain a structural engineer’s report and to carry out any necessary work.
However, the law says Councils may take action to protect the public if it considers a building or structure in its area to be unsafe. Councils may order works to improve defective, dangerous, or dilapidated buildings or structures. If the work is not completed, the Council may carry out the works and charge for its costs.
In this case the Officer visited the premises and advised Mr X what action should be taken and the consequences if it was not.
Final decision
We will not investigate Mr X’s complaint because the Council is not obliged to take the action Mr X wants.
Investigator's decision on behalf of the Ombudsman