Summary: The Ombudsman will not investigate Mr X’s complaint about the ownership and boundaries of a parking space outside his home. It is not the Ombudsman’s role to adjudicate in boundary disputes.

The complaint

1. Mr X complains the Council has failed to ensure that he can erect a fence between his parking space and his neighbour’s which is outside his home.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants

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

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)

Back to top

How I considered this complaint

4. I considered the information provided by Mr X which includes the Councils responses to his complaint and discussed the complaint with him.
5. He had the opportunity to comment on the draft version of this decision.

Back to top

What I found

6. Mr X and his neighbour park their cars in marked parking bays outside their homes.
7. Mr X says he asked the Council if he needed permission to erect a fence between his parking space and his neighbour. He says he need this because the neighbour parks to close and damages Mr X’s car when he opens the door.
8. The Council’s planning department wrote to Mr X advising that planning permission is not needed for a fence that doe not exceed 1 metre high. The letter also says this view is based on the information provided and does not prejudice any future decision.
9. Because his neighbour refused to move his car so work could start, Mr X contacted the Council. Council officers visited his home. Mr X says the officers told him he could erect the fence but did not provide written confirmation of this.
10. In response to Mr X’s complaints the Council has confirmed in writing that the area in front of his and his neighbour’s homes is considered shared parking space. It says there is a discrepancy between the property boundary and the parking space markings. However, it was Mr X’s responsibility to raise any discrepancies when he purchased the property in 2018. The Council refused to give permission for Mr X to erect a fence.

Assessment

11. Mr X wants the Ombudsman to confirm the parking space belongs to him and is not a shared space. He also wants the Council to allow him to put up a fence between the parking spaces.
12. The Ombudsman cannot decide questions of property or land ownership. We cannot resolve the question of whether the parking space belongs to Mr X or is a shared space. Property and boundary disputes are for a court of law to decide. I consider it reasonable to expect Mr X to take the matter to court.

Back to top

Final decision

13. I will not investigate this complaint. This is because only the courts can decide whether Mr X owns the parking space or if it is a shared space. Once this is established the question of whether he can erect a fence may be resolved.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman