The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to issue a building regulations completion certificate. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is made too late and there is no reason why we should exercise discretion on this point.
The complaint
Mrs X complains the Council acted unlawfully when it issued a completion certificate for a building which she says does not meet the standards required by the Building Regulations 2010.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mrs X.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs X’s complaint. The completion certificate was issued eight years ago. Mrs X lived in the property for more than seven years and has since moved out. There is no reason why Mrs X could not have contacted us much sooner. We have seen no reason to exercise discretion and investigate this late complaint.
Investigator's decision on behalf of the Ombudsman