The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council failed to properly investigate a boundary dispute between Mr X and his neighbour. That is because there is not enough evidence of fault to justify our involvement.
The complaint
Mr X complained the Council did not properly investigate a complaint he made about his neighbour. He said the neighbour had moved the fence between their two properties; caused damage and trespassed in his garden. He said the Council wrote to him in January 2021 stating it had shut the case.
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 there is not enough evidence of fault to justify investigating. (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
Mr X contacted the Council in November 2020 about his neighbour moving the fence between their two properties. He complained to the Council further in January 2022, saying it had not taken any action in response to his concerns.
In the Council’s complaint response to Mr X, it said it started an investigation into his concerns in November 2020 and wrote to his neighbour about the boundary issue. It said during its investigation, Mr X bought the property he lived in through right-to-buy. That meant the Council was no-longer the landlord or owner and the dispute was a civil matter. The Council closed its investigation. The Council advised Mr X to seek legal advice about the boundary issue.
Although Mr X is unhappy with the Council’s decision to stop its investigation, we will not consider this complaint further. The Council has explained that as private property owners, the dispute has become a civil mater best dealt with through the courts. There is not enough evidence of fault in the Council’s actions to justify our involvement.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman