The Ombudsman's final decision
Summary: We will not investigate this complaint about a boundary matter. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault to justify an investigation.
The complaint
Mrs B complains her neighbour has planted shrubs and a tree over the boundary line on her land.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs B.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs B’s complaint because this is a civil matter between Mrs B and her neighbour who are both homeowners. The Council does not have the power to get involved. So, there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman