Stockport Metropolitan Borough Council (19 007 899)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 22 Oct 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about land behind the complainant’s fence. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Mr X, says the condition of land behind his fence is stopping him from putting up a new fence.
The Ombudsman’s role and powers
- 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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I read the complaint and the Council’s response. I looked at a photograph of the area after the Council had done some work. I invited Mr X to comment on a draft of this decision.
What I found
What happened
- There is Council land behind Mr X’s back fence. Mr X contacted the Council to report that trees and vegetation were stopping him from replacing his fence. He also said the ground had been raised and there was green waste in the area.
- The Council visited. The Council saw nothing to suggest that the ground level had been raised. However, it said it would do some work to remove vegetation near to the fence.
- The Council did some work. I have seen a photograph the Council took after doing the work. This shows there is nothing encroaching on Mr X’s fence and nothing to stop him erecting a new fence.
Assessment
- I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the Council responded appropriately by inspecting the area and carrying out some work. There is nothing more I would have expected it to do.
Final decision
Investigator's decision on behalf of the Ombudsman