The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s failure to take enforcement action against her neighbours. This is because her injustice stems from a dispute with her neighbours rather than any fault by the Council and this is a private civil matter between those involved.
The complaint
The complainant, Ms X, complains the Council has not taken enforcement action against her neighbours for blocking access to her property and trespassing on her land.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
While Ms X has raised concerns about her neighbours’ actions as a planning enforcement matter the substantive issue in this case is a private civil matter concerning disputed rights of ownership and access and this is not something the Council has any responsibility or power to resolve.
If Ms X believes her neighbours have trespassed or built on her land, or if she believes they are not complying with any rights of access she has over their land, she may wish to take those responsible to court.
Final decision
We will not investigate this complaint. This is because the injustice Ms X claims is the result of her neighbours’ actions rather than those of the Council.
Investigator's decision on behalf of the Ombudsman