Birmingham City Council (24 014 439)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 04 Feb 2025
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint that a neighbour blocked a private right of way to his property with a fence. This is because the primary issue is about a potential breach of a contract, which only a court can determine.
The complaint
- Mr X complained a neighbour erected a fence which blocked his right of access to his home.
- Mr X said the matter caused him frustration and distress.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained a neighbour erected a fence, blocking his right-of-way access to the rear of his property. The Council is the landowner, but the land is rented via a leasehold agreement to Mr X’s neighbour.
- This complaint is not about a blocked public right of way. It is about a private access arrangement.
- In its complaint response, the Council explained it was exploring whether to act in its role as the freeholder to determine whether a breach of contract has taken place. If so, it may act against the leaseholder. However, this is not a matter the Ombudsman would investigate.
- This is because the primary issue, a potential breach of a leasehold contract relating to the erection of a fence blocking a private right-of-way access, is not a determination the Ombudsman is likely to be able to find administrative fault with. It is for the courts to determine whether a breach of contract has occurred.
- Because the Ombudsman is unlikely to be able to determine administrate fault in the actions of the Council due to the circumstances described above, it is reasonable to expect Mr X to take the matter to court himself to restore his access rights. Therefore, we cannot investigate this complaint.
Investigator's decision on behalf of the Ombudsman