The Ombudsman's final decision
Summary: We will not investigate this complaint about the allegation that the Council has breached a contract with the complainant. We cannot determine whether a contract has been breached. This is a matter for the courts.
The complaint
Mr X complains the Council has breached a contract with him to install bollards and plant a tree on land it owns near his home.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was the subject of a verbal assault and threatened with violence. In response, the Council agreed to install bollards and plant a tree to prevent unauthorised use of land near Mr X’s home.
The Council installed the bollards. However, it did not plant a tree. Mr X questioned the Council. It stated it would plant the tree in November. It then advised Mr X it would plant the tree in January.
However, the Council changed its mind and arranged to plant several shrubs instead of the tree.
Mr X says the Council entered a contract when it wrote to him advising it would install bollards and plant the tree. He says by deciding to plant shrubs instead that the Council has breached that contract.
The Ombudsman considers complaint about administrative fault. It is not our role to adjudicate on disputed points of law. It is not for us to determine whether the Council formed a contract with Mr X and if so, whether such a contract was breached. This is a matter for the courts.
Final decision
We will not investigate Mr X’s complaint because we cannot decide whether there is a breach of contract. This is a matter for the courts.
Investigator's decision on behalf of the Ombudsman