Summary: We will not investigate this complaint alleging the Council installed fencing on the complainant’s land. This is because it is reasonable to expect the complainant to go to court to decide the boundary line.

The complaint

1. Mr X says the Council removed bushes from his boundary and then installed fencing on his land. Mr X wants the Council to carry out remedial works and also provide a financial remedy.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 which includes the Council’s responses to Mr X’s complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate as it is reasonable to expect Mr X to go to court. This is because disputes about land boundaries are best determined in court. We have no remit to determine or enforce land boundaries.

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Final decision

7. We will not investigate Mr X’s complaint because he can go to court.

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Investigator's decision on behalf of the Ombudsman