Summary: We will not investigate this complaint about damage to the boundary fence. That is because it is reasonable for Mrs X to seek a remedy through insurance, or the courts.

The complaint

1. Mrs X’s back garden backs onto a sportsground. She complained the Council failed to repair her garden fence after it was damaged by activity on the sportsground. She also said there was a derelict building in the grounds, that was attracting foxes. She wants the Council to repair the fence and remove the building.

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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)
4. 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 not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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My assessment

7. The Council rents the sportsground behind Mrs X’s property out on a long lease Following Mrs X’s complaint, the Council completed a site visit with the leaseholder. They did not identify any damage the fence. If Mrs X is of the opinion there is damage, we would expect her to seek a remedy through either her insurance, or the courts, as only the courts can make decisions about liability and damages. There is no good reason for Mrs X not to use this remedy.
8. We will also not investigate Mrs X’s complaint about a derelict building on the sportsground. As part of the site visit, the Council confirmed the building was fenced off. It was satisfied that secured its safety. There is not enough evidence of fault to justify our involvement. Mrs X wants the Council to remove the building. That is not something we could direct the Council to do.

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Final decision

9. We will not investigate Mrs X’s complaint because there is no good reason she cannot seek a remedy through insurance or the courts.

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Investigator's decision on behalf of the Ombudsman