Summary: We will not investigate this complaint about how the Council dealt with the complainant’s concerns about a fence installed near his property. This is because the complaint is late. It is also unlikely we would find fault.

The complaint

1. Mr X has complained about a fence installed by the Council. Mr X says the fence has been erected too close to the shared boundary with his property and prevents access for maintenance. Mr X is concerned about potential damage to his fence and says the new fence installed by the Council should be moved.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. Planning permission was granted for a residential development on land near Mr X’s home. As part of the development a fence was erected. Mr X has complained about the location of the fence. However, I consider Mr X’s complaint about the installation of the fence late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. The fence was erected more than a year ago. Mr X was aware of the issues he has complained about at the time. I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.
7. Furthermore, even if I did agree the complaint was on time, my decision not to investigate would be the same. The Council confirmed that the location of the fence was in line with the plans approved for the development. The fence could also be put up using permitted development rights, without the need for a planning application. I understand Mr X believes the fence should have been located further away from the boundary with his home to allow maintenance. But there was no requirement for the Council to do this.
8. Mr X is concerned about potential damage to his fence. However, if Mr X considers the Council is negligent or liable for damage to his property, he can make a claim through the Council’s insurers and if necessary, pursue the claim in court. I have not seen anything to suggest it would not be reasonable for Mr X to take the matter to court.

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Final decision

9. We will not investigate Mr X’s complaint because the complaint is late. We are also unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman