The Ombudsman's final decision
Summary: We will not investigate Miss B’s complaint about defective building work at her new build property. This is because there is not enough evidence of fault by the Council to justify an investigation.
The complaint
Miss B says the doors and windows at her new build property are draughty and the builders have failed to provide a long term solution. Miss B would like the Council to help her get this problem fixed.
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 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 Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
I have not seen any information to indicate the Council has a role in resolving this issue. Primary responsibility for building work and compliance with the building regulations rests with building owners and builders. Also, the Council was not instructed as an Approved Inspector to inspect these building works and issue a completion certificate under the building regulations. So, the Council is not at fault for advising Miss B it cannot get involved with this issue.
Final decision
We will not investigate Miss B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman