The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s provision of incorrect information and issues surrounding the removal of a boundary wall. The Council has apologised for providing incorrect information which we consider is an acceptable remedy to this part of the complaint. It has also confirmed it is not responsible for resolving what is a private matter between the complainant and his neighbour. We consider there is no worthwhile outcome achievable by our investigation.
The complaint
Mr X complains he was given conflicting information from multiple departments when he sought answers to his queries about his neighbour’s actions in removing a boundary wall which should be next to the highway.
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 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 continue an investigation if we decide there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The heart of Mr X’s complaint appears to be the Council refusing to take action against his neighbour who has removed a pillar and boundary fence to enable them to park a second car in front of their property. Most of the injustice claimed by Mr X arises as a result of the neighbour taking unauthorised action, rather than the Council.
I understand Mr X is frustrated at receiving incorrect information from Council staff. However, the Council has apologised for this. It has confirmed it is not responsible for resolving the issue of the boundary wall. This is a private matter between Mr X and his neighbour.
I understand Mr X wants the Council to confirm it is acceptable for him to demolish his own boundary wall. However, this is a matter for him to seek his own legal advice and any action he may take would be at his own risk.
Final decision
We will not investigate Mr X’s complaint because the Council has apologised for providing incorrect information which we consider is an acceptable remedy to this part of his complaint. The Council has confirmed it is not responsible for the boundary wall issue – this is a private matter between Mr X and his neighbour. We consider that an investigation would not achieve a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman