Summary: We will not investigate this complaint about a boundary wall dispute. This is because it would be reasonable for Mr X to pursue the matter through the courts.

The complaint

1. Mr X complains the Council failed to maintain vegetation on its side of a boundary wall, causing the wall to collapse. He says the Council has since removed the fallen bricks and installed a temporary fence but has refused to replace the wall. Mr X says there is no evidence in his property deeds that he owns the boundary wall. He says the situation has caused him distress because his property is less secure. Mr X wants the Council to replace the wall.

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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)

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How I considered this complaint

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

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My assessment

6. Mr X complained the Council failed to maintain vegetation on its land and that this caused a boundary wall to collapse. The Council accepts ownership of the adjoining land but disputes ownership of the boundary wall and liability for its collapse. The Council says its records suggest responsibility for the wall rests with Mr X as the neighbouring landowner.
7. The Council said it received reports the wall was unsafe. As the adjoining landowner, it installed a temporary fence to make the area safe. It said this was not an acceptance that it owns the wall or is responsible for rebuilding it.
8. The Council has not accepted ownership of the boundary wall or responsibility for any damage caused, and Mr X disputes he owns the wall.
9. The Ombudsman cannot determine matters of property ownership, negligence and liability. These are typically matters for the courts to decide. Therefore, it would be reasonable for Mr X to seek a remedy through the courts.

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Final decision

10. We will not investigate Mr X’s complaint because it would be reasonable for Mr X to pursue the matter through the courts.

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Investigator's decision on behalf of the Ombudsman