Summary: We will not investigate this complaint about a collapsed boundary fence. This is because the Council is not responsible for the fence.

The complaint

1. Miss X complains about a collapsed boundary fence. She says this is affecting her mental health as she cannot develop her front garden.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council has provided the complainant with a comprehensive response explaining why it is not responsible for the fence complained about. It has advised the complainant to contact the owner of the land on which the fence is sited.

Back to top

Final decision

6. We will not investigate Miss X’s complaint because there is no obligation on the Council to repair the fence.

Back to top

Investigator's decision on behalf of the Ombudsman