Summary: We will not investigate Ms X’s complaint about the Council’s refusal to fund a surveyor to assess whether erosion on nearby Council land is impacting on her property. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has refused to fund a surveyor to assess whether erosion on nearby Council land is impacting on her property.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. In its complaint response, the Council said it had visited her property and liaised with the local water company. It acknowledged there was some erosion on nearby Council land but said this was a fair distance from her property. It said if she believes Council land is having a negative impact on her property, it was open to her to instruct a surveyor to assess this. It said if the survey suggested Council land may be impacting on her property, it would reassess the situation based on the evidence.
6. We will not investigate this complaint as there is insufficient evidence of fault. Ms X owns her property, so this is private land. There is no obligation for the Council to fund a survey on private land. It has appropriately advised Ms X that she can consider instructing a surveyor herself, and if appropriate, the Council would reassess its position based on the results. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.

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Final decision

7. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman