BRADFORD Council has been rapped after sewage backed up the drain of a new home, leading to "obnoxious odours".
The Local Government Ombudsman, which investigates complaints against Local Authorities, has published the findings of a complaint against the Council made by a Bradford homeowner, only referred to as Mr X.
Despite a building control officer visiting a new build home and suggesting a follow-up visit to check a house’s drains were connected to the sewer, this follow-up never happened – and building control was signed off for the property.
It turned out that the house was not properly connected to the sewer, and after the new owner began using the facilities, human waste began backing up the drains.
The Council has now apologised for the blunder and has agreed to review its practices after a new report into the incident was published.
The Ombudsman has published two reports, one referring to a complaint by Mr X and another to one by Mrs X.
Both have near-identical findings.
The Ombudsman’s report says: “Several years ago, a builder sought building regulation approval for the development of houses, one of which would eventually be bought by Mr X.
“The Council said its records show its Building Control Officer (BCO) inspected the site and made a note on its computer record database that a further visit was needed to ensure the drains were connected to the main sewer.
“There is no further record to show whether a visit had taken place or if a visit had happened, what was found.
“A manager for the Building Control service told me that there should be a record and there probably should also have been a test to show the sewer was properly connected, but there is no evidence that either of these things happened before the Council gave building regulations approval for the work.
“The manager said that in addition to its computer record-keeping database, BCOs use a calendar on separate software to record site visit dates and other details.
“The manager said that if details from the calendar and/or site visit notes are not copied across to its record-keeping database, it is possible that important information could be lost.”
The report continues: “After Mr X moved into the house and began using its facilities, it was discovered that the drain for the house had not been connected to the mains sewer.
"Foul water including human waste backed up the drain, causing obnoxious odours and outflows of waste.
“Mr X said it took over two years for the problem to be resolved, with long discussions between the insurers and the builders, excavations, removal of floors, and cost and disruption from redecorating and refurnishing.
“Mr X complained to the Council, which admitted its error, apologised and offered compensation.
"Mr X feels the amount offered does not go close to remedying what has happened.
"Mr X said that if the Council had done its job properly in the first place, none of this would have happened.
“The BCO kept a record to say that a further visit was necessary to check the drain connection to the mains sewer. There is no evidence this happened. This is fault.”
But, the Ombudsman adds: “While the Council was at fault, this does not mean that it is responsible for what has happened.
“The purpose of the Council’s power is to protect the public generally, not the private rights and interests of individual builders and landowners.
"Responsibility to comply with the building regulations, lies with these private individuals, not with the Council.
"When things do go wrong, responsibility and liability for the costs and losses that follow are a private matter which may eventually be determined by civil courts.
“For these reasons, I will not recommend any further remedy for the personal injustice caused to Mr X.
“However, I made recommendations to avoid recurrence of similar faults in the future, and the Council has agreed to carry them out.
“The Council has agreed to review its practice, procedures, record keeping and use of document management systems to avoid problems identified in this report occurring again.”
After the publication of the report a Bradford Council spokesperson said: “We accept the Ombudsman’s finding in this case.
“We recognise that, on this particular occasion, we fell short of the standards we set ourselves and we are sorry for this.
“We have made sure we have addressed all of the recommendations made by the Ombudsman.”
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