The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in responding to Mr X’s queries about possible water sources close to his home. This is because an investigation will not serve any useful purpose.
The complaint
The complainant, who I refer to as Mr X, says the Council failed to respond to queries he made of it seeking information about possible water sources which might affect the garage underneath his home.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In June 2022, Mr X asked the Council for information about possible water sources close to his home which might affect the garage beneath his property. He did not receive a reply and so contacted us.
Three months later, and as a result of our contact, the Council responded to Mr X to explain that as his building was not a Council-owned or managed building, the Council was not responsible for identifying if there were any possible water sources under the property. It suggested he seek advice on his legal rights.
The Council has now responded to Mr X and while he has not obtained the information he seeks, an investigation will not serve any useful purpose.
Final decision
We will not investigate Mr X’s complaint because an investigation will not serve any useful purpose.
Investigator's decision on behalf of the Ombudsman