The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions in relation to Mrs X’s boundary fence. This is because she has not been caused an injustice as a result of the Council’s actions.
The complaint
Mrs X complains the Council has failed to take action against a developer after her boundary fence was damaged. Mrs X says the work carried out by the developer means anyone can access her land which has led to her fence being vandalised. Mrs X says the work carried out has also had a negative impact on local badgers.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X has a large area of woodland at the rear of her home. This backs onto a site which has been developed. Mrs X says her fencing has been damaged and there is now a gap between her fencing and fencing put up by the developer which anyone can access. Mrs X says this places a the local badger population at risk.
We will not investigate this complaint as Mrs X has not been caused an injustice as a result of the actions of the Council. The Council cannot prevent people from accessing the gap between Mrs X’s fence and the developers fencing. Furthermore the Council is not responsible for damage caused by any third party. Vandalism is a matter for the police.
Final decision
We will not investigate Mrs X’s complaint because she has not been caused an injustice as a result of the Council’s actions.
Investigator's decision on behalf of the Ombudsman