Summary: We will not investigate this complaint about the Council’s response to damage to a property, or how it addressed a boundary issue. Miss X has an alternative legal remedy through the courts to pursue a claim for damages, and it would be reasonable to expect her to use this remedy to achieve the outcome she is looking for. In addition, Miss X’s complaint about the boundary issue is now late and there are no good reasons why a complaint could not have been made sooner.

The complaint

1. Miss X complains the Council caused damage to her house and a motor vehicle after it carried out works to a neighbouring house. She also complains fencing has been replaced incorrectly, meaning it now encroaches on her boundary.
2. Miss X says these issues have affected her well-being, and she wants a financial remedy.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. Negligence claims and interpreting the law around civil liability are generally best decided by a court where the Council does not accept insurance liability. Only a court can decide the Council is liable to pay damages for a person’s loss.  

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How I considered this complaint

7. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X first complained about these matters in mid-2024, after the organisation acting on behalf of the Council carried out works to a neighbouring property. Miss X said the guttering and other fixtures which jointly affected their properties had not been properly re-installed. She also said a boundary fence was incorrectly placed, and her son’s motor vehicle had sustained damage while the works were being completed.
9. Miss X said she remains unhappy with the Council’s final position and, despite a final visit by a surveyor in September 2024, the Council has not resolved the issues. Miss X complained to us in August 2026.
10. I will not investigate Miss X’s complaint.
11. We cannot decide whether the Council is liable to pay damages or pay for any repairs to either Miss X’s property or her son’s motor vehicle. Therefore, it would be reasonable to expect her to use her alternative remedy through the courts to achieve what she is looking for.
12. Nor will we investigate Miss X’s complaint about a boundary dispute. This complaint is now late, and I have not seen any evidence of good reasons why a complaint could not have been made to us sooner.

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Final decision

13. We will not investigate this complaint because Miss X has an alternative legal remedy for a damage claim, and her complaint about boundary matters is now late.

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Investigator's decision on behalf of the Ombudsman