Summary: We will not investigate this complaint about the Council’s failure to repair a fence to the complainant’s boundary. This is because we cannot determine the Council’s liability here. It is therefore reasonable to expect the complainant to go to court to protect his property.

The complaint

1. Mr X is unhappy with the Council’s insurers denying liability for a damaged fence on his property boundary. He wants the Council to repair the fence as he says there is a risk it will come down and let trespassers on to his property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate. It is reasonable to expect Mr X to progress his disagreement with the insurance claim outcome to court to protect his private property interests. There is a simple procedure in the county court for dealing with small claims.

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Final decision

6. We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.

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Investigator's decision on behalf of the Ombudsman