The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a building control matter. This is because the injustice Mrs X claims stems from the actions of her builder rather than any fault by the Council.
The complaint
The complainant, Mrs X, complains the Council did not properly inspect building work to her property, allowing the builder to take advantage of her and damage her property.
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 Mrs X and the Ombudsman’s Assessment Code.
My assessment
The injustice Mrs X claims results from the actions of her builder rather than any fault by the Council. We cannot hold the Council responsible for the false representations made by the builder and caselaw has established that councils are not responsible for substandard work even where they have inspected and issued a completion certificate.
If Mrs X wishes to obtain compensation for the damage to her property she may wish to seek legal advice about making a claim against the builder.
Final decision
We will not investigate this complaint. This is because the Council is not responsible for the injustice Mrs X claims.
Investigator's decision on behalf of the Ombudsman