The Ombudsman's final decision
Summary: We will not investigate this complaint about encroachment, damage to his fence and rubbish dumping on to the complainant’s land by the Council’s tenants. This is because it is reasonable to expect the complainant to refer the matter to court to determine his boundary and if he is entitled to damages.
The complaint
Mr X wants the Council to rectify encroachment, damage to his fence and rubbish dumping on to his land by neighbouring tenants of the Council.
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 have considered all the complaint information sent in by Mr X. This includes the Council response. I also considered the Ombudsman’s Assessment Code.
What I found
Assessment I will not investigate because boundary disputes are matters for the courts.
I consider it is reasonable for Mr X take this matter to court to protect his private assets. The court can determine the boundary and if Mr X is entitled to damages.
Final decision
I will not investigate this complaint. This is because it is reasonable to expect Mr X to go to court to decide his boundary dispute.
Investigator's decision on behalf of the Ombudsman