The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because it is unlikely we could achieve a worthwhile outcome for the complainant.
The complaint
Mrs X complains the Council’s building control service allowed her builder to continue work to her property even though it knew regulations would not be complied with.
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, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Most building work will require building regulation approval. The regulations will set the standards for design, construction and ensure the health and safety of the people living in or around the building.
While the Council will normally visit the site at various stages of the build, it does not act as a clerk of works or a site manager and the responsibility for compliance with the regulation’s rests with the building owners and builders. The Council’s role is to maintain the building standards for the public in general rather than protect the private interests of an individual.
Mrs X says the Council’s building control officer allowed her builder to continue works despite identifying defects in their work. Mrs X says the Council should help her recuperate money paid to her builder.
Case law has established that liability for any defects rests with those that commission the work and those that carry it out. Therefore, we cannot hold the Council responsible for any substandard work by Mrs X’s builder.
Further, Mrs X wants the Council to help her recuperate the money she paid to her builder. However, as we cannot find the Council at fault for the substandard work completed, we would not recommend the Council reimburse or support Mrs X with recuperating funds. Therefore, an investigation would not achieve any worthwhile outcomes and is not proportionate.
Final decision
We will not investigate Mrs X’s complaint because it is unlikely an investigation would achieve a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman