Summary: Mr X complained about the Council’s failure to repair his fence after it was damaged by tenants of a neighbouring travellers site. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of any remaining injustice following the Council’s recent repair work.

The complaint

1. The complainant, whom I shall call Mr X, complains that the Council failed to repair his fence which was left in a damaged state for 6 months. He says it should repair the fence which was damaged by its tenants.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council

(Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has commented on the draft decision.

Back to top

What I found

4. Mr X says his fence was damaged by tenants moving a caravan on a neighbouring travellers site in 2018. He complained to the Council and it told him it would investigate the matter in late 2018. No action was taken and Mr X complained to us in 2019.
5. We made some enquiries of the Council and it said it would complete the works by the end of May. The Council says it has now carried out like for like repairs to the damaged fencing.
6. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. In this case the Council has completed the works and so there is no need to investigate the matter further.

Back to top

Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of any remaining injustice following the Council’s recent repair work.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman