London Borough of Southwark (25 020 612)
Category : Other Categories > Land
Decision : Closed after initial enquiries
Decision date : 26 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council causing damage to Ms X’s property because it is reasonable for Ms X to go to court.
The complaint
- Ms X complains the Council:
- failed to replace plants it destroyed upon installing a new fence on her boundary;
- refused to remove the fence it wrongly installed on her property and;
- did not address her complaint that tools were missing from her garden.
The Ombudsman’s role and powers
- 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council replaced a fence on a property that borders Ms X’s home. In its complaint response the Council said the fence was not part of Ms X’s property boundary therefore it would not remove this and she would need to make an insurance claim for missing tools.
- Ms X and the Council dispute the property boundary and therefore liability for damage. These are legal matters that the Ombudsman cannot decide. It is reasonable for Ms X to go to court to resolve the boundary dispute and to decide on liability for damage. And the police are better placed to deal with a complaint of theft.
Final decision
- We will not investigate Ms X’s complaint because it is reasonable for her to go to court.
Investigator's decision on behalf of the Ombudsman