The Ombudsman's final decision
Summary: We will not investigate this complaint work that the Council carried out to a footpath close to the complainant’s home. This is because there is insufficient evidence of fault, and we cannot achieve the outcomes that the complainant is seeking.
The complaint
Mr X complains about work that the Council carried out to a footpath close to his home. Mr X complains about the decision to carry out the work, that the contractors damaged his property, and that the Council has threated him with enforcement action after he installed a fence. Mr X wants an apology, compensation, additional waste bins to be installed and assurances that the Council will not take any further enforcement action.
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 not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint about the Council’s decision to carry out the work to the footpath. This is because there is insufficient evidence of fault. The Council is entitled to carry out the work and has fully explained and justified its reasons for doing so. It is also unlikely that we would find fault with the Council insisting that any fence installed by Mr X is done so within the boundaries of his property.
We also can’t achieve the outcomes that Mr X is seeking. We cannot recommend that the Council does not take enforcement action against Mr X for installing a fence that is not within the boundaries of his property. We also cannot recommend that the Council install additional dog waste bins on the footpath, because another council is responsible for this function.
Finally, we will not investigate Mr X’s complaint that the Council are liable for damage to his property. This is because it is reasonable for Mr X to pursue such a claim through the courts. It is for the courts and not the Ombudsman to decide matters of liability and award compensation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council, and we cannot achieve the outcome he seeks.
Investigator's decision on behalf of the Ombudsman