Summary: We will not investigate this complaint about the way the Council carried out its building control responsibilities when inspecting Ms X’s property. We have not seen evidence of fault in the Council’s actions. Also, it is reasonable to expect Ms X to complain to the Information Commissioner if she believes the Council is withholding information. Finally we cannot require the Council to dismiss employees.

The complaint

1. Ms X complains the Council:
• Failed to recognise the dangerous, unsafe breach of building regulations at her property.
• Failed to complete its building control job to expected standards.
• Failed to respond to her requests for information.
• Ignored her requests for mediation; and
• Breached the pre-action protocol process.
2. She says this caused her to live in a property which is open to the rear in all weathers. She says her home is deteriorating and so is her health.
3. Ms X wants
• The Council to admit liability.
• Disclose and confirm all internal data she has requested.
• Confirm its response to the information provided on dangerous, unsafe and unnecessary building work which breaches building regulations.
• Pay for her to stay in an hotel and pay for the rebuild of her property
• Compensate her for loss of rental income; and
• Dismiss named employees.

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The Ombudsman’s role and powers

4. 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
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. 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.
8. The Council will normally visit the site at various stages of the build. However, it does not act as a clerk of works or a site manager and the responsibility for compliance with the building regulations 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.
9. The Council confirms its officers visited Ms X’s property. It says they inspected the building work carried out by the person Ms X had engaged. The Council says officers raised concerns about the standard of work with Ms X’s builder several times, including an occasion when Ms X was present. However, it confirms the building is not structurally dangerous. The Council has advised Ms X to contract a reputable builder to complete the work on her property.
10. The responsibility for the work to Ms X’s property lays with Ms X as the owner and the person who commissioned the work and with the builder who carried out the work. The Council has visited the site more than once and has confirmed it does not consider the work structurally dangerous. I have seen no evidence of fault in the Council’s actions on this point.
11. Ms X says the Council has concealed information from her. It is reasonable to expect Ms X to contact the Information Commissioner’s Office which is the body responsible for upholding the public’s right access to information and for considering breaches of data protection rights.
12. Ms X also complains the Council failed to follow the pre-action protocol process. A Pre-action Protocol sets out what must be done, in relation to a claim to which it applies, before court proceedings are issued. Failure to comply with a Pre-action Protocol will be taken into account in any court proceedings which follow. This is therefore a matter for the courts.
13. Finally, we cannot require the Council to dismiss any officers.

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Final decision

14. We will not investigate Ms X’s complaint because:
• We have not seen any evidence of fault in the way the Council carried out its building control function.
• It is reasonable to expect Ms X to complain to the Information Commissioner’s Officer about failures to provide information.
• We cannot achieve the outcome Ms X is seeking as we cannot require the Council to dismiss employees; and
• A failure to comply with a Pre-action Protocol is a matter for the courts to consider should Ms X decide to take legal action.

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Investigator's decision on behalf of the Ombudsman