The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about a neighbour’s fence crossing her land boundary and the Council’s actions because the main complaint is about a private civil matter and an investigation is unlikely to achieve any meaningful outcome.
The complaint
Mrs X complained her neighbour erected a fence across her land boundary. Mrs X says the Council told her neighbour they could erect the fence.
Mrs X says the matter has caused her time and trouble in resolving the dispute.
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 do not start an investigation if we decide 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council and said her neighbour erected a fence on her land. She said a Council officer gave the neighbour authorisation to erect the fence. She also complained about the officer’s conduct. The Council responded to Mrs X and told her because she and the neighbour owned their homes, any disagreement about the border was a private matter and did not involve the Council. It explained the Council officer visited to “provide assistance” and did not make any suggestion or implication about the exact boundary.
Analysis We will not investigate Mrs X’s complaint. This is because the injustice caused (the encroachment on Mrs X’s land by the neighbour’s fence) was due to the actions of the neighbour, not any direct action of the Council. This is a civil matter which the Ombudsman has no jurisdiction to investigate.
Furthermore, we cannot resolve boundary disputes. This is a matter for the courts. Therefore, it is unlikely an investigation would achieve any meaningful outcome.
Final decision
We will not investigate Mrs X’s complaint because the main complaint is about a private civil matter and an investigation is unlikely to achieve any meaningful outcome.
Investigator's decision on behalf of the Ombudsman