Summary: We will not investigate Mrs B’s complaint about the Council refusing to pay towards the repair of a damaged wall outside her home. This is because it is reasonable for Mrs B to take the Council to court.

The complaint

1. Mrs B says a section of wall outside her home recently collapsed on to the pavement during a storm, but the Council has wrongly told her she is responsible for repairing the wall. Mrs B says the Council has maintained the wall for years and regularly pulled weeds out which weakened the structure. Mrs B says the Council should at least take some responsibility for the required repair work because the remainder of the wall is not secure and she cannot afford the repairs.

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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 Act 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 Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs B’s complaint involves both a dispute about ownership and responsibility for maintenance of this wall, and a claim that the actions of the Council have contributed to the wall collapsing.
7. We take the view that the courts are in the best position to decide such matters.
8. Disputes about land ownership can be relatively complex and are ultimately for the courts to decide.
9. Also, the courts are in the best position to decide if the Council’s actions have contributed to the damage to the wall. In effect, this is a claim of negligence by the Council which only the courts can decide.
10. Mrs B may put in a claim to the Council’s insurer, either directly or via her home insurer, for compensation for the wall repair costs.
11. If the Council refuses Mrs B’s claim, or offers a sum which she is not satisfied with, Mrs B may pursue her claim by taking the Council to court.
12. I find it is reasonable for Mrs B to do this. The fee for making a claim is modest and help with fees is available for people on a low income.
13. So, we will not investigate this complaint.

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Final decision

14. We will not investigate Mrs B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman