Summary: We will not investigate Mr X’s complaint that the Council has failed to maintain land next to his property. It is reasonable to expect Mr X to apply to the Courts who are better placed in this case to determine this dispute.

The complaint

1. Mr X complained the Council has failed to maintain land it owns next to his property. Mr X said this has caused poor ventilation, timber rot and unsafe gas levels in his home.
2. Mr X complained the land has also caused damage to his garden fence. He also says the Council said it would remove a tree close to his property, this has not happened.
3. Mr X complained the Council has been poor in how it has communicated and responded to his complaints.

Back to top

The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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).

Back to top

How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr X complained to the Council in November 2023 and again in February 2024 that land it owned was causing poor ventilation, damage to timbers and unsafe levels of gas in his property. He asked for the Council to complete works on its land to stop this.
9. He also told the Council weeds from the land were damaging his fence again. He said the Council had previously compensated him for this.
10. The Council accepted Mr X’s complaint in June 2024. It did not give a formal response until October 2024.
11. The Council told Mr X it could not grant a licence for the work on the land. It advised Mr X to contact its property services department to get an easement for the requested works.
12. The role of the Ombudsman is to consider complaints of administrative fault. We cannot decide liability in complaints about damage to property, only the Courts can do this. If Mr X finds the land has caused damage to his property, it is reasonable to expect him to submit a claim to the Courts
13. Mr X complains about Council delay in replying to his complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

Final decision

14. We will not investigate Mr X’s complaint because It is reasonable expect Mr X to take his concerns about property damage to the courts.

Back to top

Investigator's decision on behalf of the Ombudsman