Overview
The complainant (Mr C) raised a number of complaints that The City of Edinburgh Council (the Council) had not acted properly in relation to works that had been undertaken at his property and that these actions had resulted in unnecessary financial loss, taken up a disproportionate amount of his time and energy and caused him considerable stress.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) failed to ensure that the expense was reasonably incurred (not upheld);
- (b) failed to ensure that the extent of the work carried out was reasonable and not excessive (not upheld);
- (c) failed to correspond within a reasonable period with regard to various correspondence relating to the matter (not upheld);
- (d) failed to correspond for a period of more than one year with regard to the matter (not upheld);
- (e) failed to confirm the outcome of the 'appeals' of the cases (not upheld);
- (f) failed to take positive action to try to produce a solution (not upheld);
- (g) failed to provide an effective Customer Complaint process (upheld);
- (h) failed to issue Statutory Notices and corresponding invoices correctly (not upheld);
- (i) failed to issue Statutory Notices timeously (not upheld);
- (j) failed to adequately warn Mr C and other owners and occupiers that scaffolding was due to be erected outside their properties (not upheld); and
- (k) used threatening and bullying language with regard to pursuing payment of the invoices sent in September 2005 (not upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) apologise to Mr C for the confusion and omissions in their handling of his complaints; and
- (ii) make clear to complainants what the various stages in their complaints process are, which department they should expect to receive communication from, how to progress their complaints through the process, indicate clearly when the Council believe that the process has been completed and what they can do if they remain dissatisfied in each specific case.
The Council have accepted the recommendations and will act on them accordingly.