Summary: We cannot investigate this complaint about the Council’s handling of matters relating to the removal of leaves and debris positioned along Mr X’s boundary fence. This is because the complaint falls outside our jurisdiction as Mr X brought a legal claim against the Council.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s handling of matters relating to the removal of leaves and debris positioned along his boundary fence.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

Back to top

How I considered this complaint

4. I considered information provided by Mr X, including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to us about the Council’s response to and handling of matters concerning leaves and debris piled up against his boundary fence which runs along a footpath alongside an A road.
7. However, as Mr X issued a legal claim against the Council for costs he incurred in sweeping the road, the complaint falls outside our jurisdiction and cannot be investigated.

Back to top

Final decision

8. We cannot investigate Mr X’s complaint because the complaint falls outside our jurisdiction as Mr X brought a legal claim against the Council.

Back to top

Investigator's decision on behalf of the Ombudsman