Summary: We will not investigate this complaint about the Council’s refusal to act against the complainant’s neighbour. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council is not responsible for resolving private civil disputes between neighbours.

The complaint

1. The complainant, I shall call Mr X, says the Council refuses deal with his complaint that his neighbour’s defective guttering has damaged his property.
2. He wants the Council to visit his home and write to his neighbour about the damage.

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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. 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)

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint because problems with his neighbour’s guttering causing damage is a civil matter. The Council is not responsible for resolving such issues between neighbours.

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Investigator's decision on behalf of the Ombudsman