Summary: We will not investigate this complaint about the replacement of a boundary fence. The ownership of the fence has not been determined and we cannot investigate complaints about private boundary issues. Once the ownership is determined the complainant may be able to seek a remedy in the courts if the fence was in their ownership.

The complaint

1. Miss X complained about the removal and replacement of a boundary fence between her home and allotments owned by the Council and operated by an allotment society. She says the contractors trespassed on her garden and that the new fencing is insufficient. She wants the Council to reinstate the previous type of fencing.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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)

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How I considered this complaint

4. I considered the information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says that the boundary fence between her property and allotments owner by the Council and managed by a local allotment society was replaced in 2022. She says the contractors trespassed on her garden to replace the fencing without notifying her. She says the new metal fencing is ugly and inadequate and the remaining fencing is loose and could fall on her garden.
7. She reported her concerns to the Council and it has been trying to establish ownership of the original fencing from the agents of the developer of Miss X’s estate. It cannot say what further action could be taken until the owner of the boundary is established. If the fencing was in Miss X’s property, then she could make a claim for its removal. If the fencing belongs to the allotments and the Council then it is entitled to repair and replace it sown property without consulting neighbouring owners if no planning consent was required.
8. We cannot determine boundaries or resolve disputes with private owners. It is for the Council or the owners to find out who owned the original fencing and for insurers or the courts to decide any claims associated with the fencing.

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Final decision

9. We will not investigate this complaint about the replacement of a boundary fence. The ownership of the fence has not been determined and we cannot investigate complaints about private boundary issues. Once the ownership is determined the complainant may be able to seek a remedy in the courts if the fence was in their ownership.

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Investigator's decision on behalf of the Ombudsman