The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refuse Mrs X building regulation approval for work carried out at her home. This is because she has a right of appeal to the Secretary of State against any refusal to issue a compliance certificate and it would be reasonable for her to use this.
The complaint
Mrs X complains the Council has refused to give her a building regulation compliance certificate. Mrs X says this has meant she has been unable to sell her property.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X can appeal to the Secretary of State against the Council’s decision to refuse to grant her a building regulation compliance certificate or for refusing to relax or dispense with building regulation requirements. I can see no reason why Mrs X cannot pursue her right of appeal and therefore we will not investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because she has a right of appeal to the Secretary of State and I consider it would be reasonable to use this if she is unhappy with the Council’s decisions regarding building regulation compliance at her home.
Investigator's decision on behalf of the Ombudsman