Summary: We will not investigate this complaint about responsibility for a boundary fence which is adjacent to a Council property. We cannot determine responsibility for maintenance of private boundaries because this is a civil matter which could only be determined by the courts.

The complaint

1. Mrs X complained about the Council’s failure to repair a boundary fence. She says the Council has not agreed to carry out any repairs and that her garden is insecure as a result.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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

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My assessment

6. Mrs X says her boundary fence with a Council property is in disrepair and should be replaced to stop vermin entering her garden and her dog escaping. She asked the Council to carry out repair or replacement but it has refused to do so.
7. Mrs X complained tot the Council and it told her that the boundary is shared with Council land and there is joint responsibility for maintenance on the records. This means that Mrs X would have to reach an agreement to replace the fence and each party would be responsible for the costs. Mrs X is advised to check her own property deeds initially because it is unusual for sales to involve shared boundaries and she may find one or other of the parties has ownership and therefore liability for the repairs.
8. The Ombudsman has no powers to determine private boundaries and if Mrs X disputes the Council’s explanation she would have to seek a remedy in the courts as it is a civil matter.

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Final decision

9. We will not investigate this complaint about responsibility for a boundary fence which is adjacent to a Council property. We cannot determine responsibility for maintenance of private boundaries because this is a civil matter which could only be determined by the courts.

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Investigator's decision on behalf of the Ombudsman