Summary: We will not investigate Mr X’s complaint about the Council not intervening with a private dispute about a boundary fence. This is because it is not an administrative function of the Council.

The complaint

1. Mr X had an issue with his boundary fence which is shared with an organisation that owns the neighbouring house.
2. Mr X would like the organisation to repair the fence which was damaged in 2021.

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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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as an organisation that owns housing. (Local Government Act 1974, sections 25 and 34(1), as amended)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X is a private resident and his boundary fence was damaged in 2021.
9. Mr X says the organisation that owns the neighbouring property said it would share the repair costs with him.
10. Mr X complains the Council should intervene with the organisation but this is not a function of the Council.
11. This is a civil matter and could be resolved in county court.

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Investigator's decision on behalf of the Ombudsman