Summary: We will not investigate Miss X’s complaint about the Council demolishing a wall on a site neighbouring her home. This is because there is not enough evidence of fault to warrant us investigating, and it is open to her to approach her housing association landlord about protecting her rights as its tenant.

The complaint

1. Miss X says the Council demolished a wall at the rear of her property leaving her garden unsafe. Miss X says the demolition exposed asbestos. Miss X also says the Council did not notify her works would take place. This has made Miss X feel insecure and tense in her home.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. Miss X did not receive notice of demolition works near her property. The Council’s obligation would likely be to have notified the Housing Association as landowner.
8. Miss X is a Housing Association tenant. The law prevents us from looking at the actions of a Housing Association, including any related to protecting tenants’ occupation of their accommodation. Miss X can complain to the Housing Association and, if not satisfied, she can use her right to complain to the Housing Ombudsman.
9. Miss X says the Council has told tenants the boundary of the garden will change after officers suggested tenants have extended gardens beyond their boundaries. Miss X says this is not so, and the Council has defamed her and others. We will not investigate allegations of defamation as only the courts can apply the relevant legal tests. It would therefore be reasonable for Miss X to make any defamation claim in court.
10. Miss X complained to the Council. The Council did not deal with the complaint using its complaints procedure. We will not consider how the Council has handled Miss X’s complaint as we are not investigating the subject of the complaint.
11. We understand this has caused Miss X distress, but the Council has carried out works considered necessary at a council owned site.
12. Miss X refers to an agreement from some years ago between the Council, the Housing Association and another organisation. The agreement is a matter for the three parties to consider and decide how to enforce it if they wish.

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Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council, and it is open to her to approach her housing association landlord about the protection of her rights as its tenant.

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Investigator's decision on behalf of the Ombudsman