The Ombudsman's final decision
Summary: We will not investigate the Council’s response to Mrs X’s complaint about her damaged fence. This is because the Council is not responsible for the damage.
The complaint
Mrs X complains about an allotment holder who felled a tree damaging her fence. She says the allotment should be responsible for authorising the tree removal.
The Ombudsman’s role and powers
We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has considered Mrs X’s complaint and advised it is not liable for the actions of a private individual working on the allotment. And Mrs X should consider taking action against the individual or claim on her home insurance.
Final decision
We will not investigate Mrs X’s complaint because the Council is not responsible for the damage.
Investigator's decision on behalf of the Ombudsman