The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to remove a brick wall near the complainant’s home and erect a temporary metal fence. The Council confirmed the wall was removed because it was unsafe and dangerous. It confirms it is reconsidering whether a brick wall can be rebuilt. It also offered the complainant £150 in recognition of delay in its responses to her complaint. We consider further investigation will not lead to a different outcome.
The complaint
Ms X complains the Council has removed a brick wall between her home and a main road and erected a temporary fence. She says she is exposed to excessive noise.
Ms X wants the Council to reinstate the brick wall.
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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council confirms the wall was dangerous and unstable. Therefore it was demolished. A temporary metal fence was erected because of the cost implications of rebuilding the wall at the time.
The Council also confirms it is now exploring whether it can rebuild the wall.
The Council acknowledged it failed to keep Ms X informed and failed to respond to her complaints within the specified timeframe. It offered her £150 in recognition of these failures.
Final decision
We will not investigate Ms X’s complaint because the Council has confirmed it is reconsidering whether it can rebuild the wall. It has offered financial compensation for the failure in communication and delay in responding to her complaint. We consider that further investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman