Summary: We will not investigate Mr X’s complaint about the Council’s failure to take enforcement action regarding several metal structures he believes are unsafe and may breach the Building Regulations. This is because the issue does not cause Mr X significant enough injustice to warrant investigation. As the structures have been in place for more than 10 years they are also likely immune from enforcement action under the Building Regulations.

The complaint

1. The complainant, Mr X, complains the Council has failed to take action as part of its Building Control function against metal structures which he sees as a serious potential safety risk. He says he sometimes can’t sleep at night as he is worried that children will injure themselves, yet the Council has done nothing to reduce the risk or protect members of the public.

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The Ombudsman’s role and powers

2. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
5. While I appreciate Mr X is concerned about the issue he does not live in the area and has at no point seen anyone injuring themselves on the metal structures he complains about. I do not therefore consider they, or the Council’s failure to investigate the matter further and take action against them, have caused Mr X significant injustice.
6. In any event, Google streetview shows the structures have been in place for at least 16 years. They will have been approved by the Council as part of a planning application before this and signed off as being compliant with the Building Regulations at the time. The law does not allow the Council to take enforcement action concerning breaches of the Building Regulations after more than 10 years, so the structures are likely immune from such action anyway.

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Final decision

7. We will not investigate this complaint. This is because the issue Mr X complains about has not caused him significant injustice and it is unlikely we would find fault by the Council or that we could achieve any worthwhile outcome for him by investigating the matter further.

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Investigator's decision on behalf of the Ombudsman