Summary: We will not investigate Mr X’s complaint about the Council’s decision to install fencing around his property and charge him for the work. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Mr X can raise his concerns as his defence at court as the court has powers to cancel the charges.

The complaint

1. Mrs Y complains, on behalf of Mr X, of the Council’s decision to arrange fencing works without consultation and then billing him.
2. Mrs Y reports that Mr X is stressed and would like the charges cancelled.

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The Ombudsman’s role and powers

3. 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)
4. We may decide not to start an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant which includes the Council’s response.
6. I considered the Ombudsman’s Assessment Code.

My assessment

7. The Council’s complaint response to Mr X, says its Building Control Inspectors used emergency powers after identifying a ‘public danger’. Inspectors arranged to fence off buildings that were in danger of collapsing on to the public highway.
8. In response to Mr X’s particular concern: that the Council failed to give him an opportunity to source lower cost contractors himself; the Council said Mr X was noted as present during the work. It said Mr X did not offer to arrange the works himself.
9. Under Section 78 of the Building Act, 1984 the Council may take emergency action to make safe a public danger and it can recover expenses from the property owner.
10. We will not investigate. The Council’s actions were taken after they inspected the site complained about and served a section 78 notice on Mr X. It is reasonable to expect Mr X to raise his concerns as his defence at court if the Council acts against Mr X to recover its expenses.
11. Mr X can choose not to pay the costs claimed and the court can decide on the reasonableness of the Council’s actions. If the court decides emergency powers should not have been used the costs cannot be recovered from Mr X.

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Final decision

12. We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to raise his concerns in his defence at court.

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Investigator's decision on behalf of the Ombudsman