The Ombudsman's final decision
Summary: We will not investigate this complaint about a building control matter. This is because we cannot determine whether the work complained about is compliant with the Building Regulations and we cannot therefore achieve any worthwhile outcome for Mr X.
The complaint
Mr X complains the Council has failed to enforce breaches of the Building Regulations at a council-owned building. He says the work fails to comply with the Regulations and the issues he has identified cause inconvenience and are unsafe for disabled people.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong.
The Council has considered Mr X’s concerns about the building work but disagrees with him about whether it complies with the Building Regulations. It is not our role to determine who is correct; we do not have the technical expertise to determine the issue and we cannot force the Council to take remedial action where it considers the work carried out is to the required standards.
The Council confirms Mr X has referred the matter to the Building Safety Regulator and they are more likely to be able to achieve an outcome for Mr X.
Final decision
We will not investigate this complaint because we cannot achieve any worthwhile outcome for Mr X.
Investigator's decision on behalf of the Ombudsman