Thanet District Council (25 030 970)
Category : Planning > Building control
Decision : Closed after initial enquiries
Decision date : 05 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about alleged damage caused by the Council’s contractors to a wall. This is because it would be reasonable for Miss X to ask insurers or the court to consider her claim for damages and costs.
The complaint
- Miss X complains the Council carried out unauthorised and negligent works on a boundary wall without consent of the landowner, leaving it at risk of collapse. She says both her property and adjacent properties have lost value due to this and the loss of privacy and security the wall provided. Miss X wants the Council to pay her damages and carry out maintenance work to the wall.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council disputes Miss X’s complaint. It states it acted properly and did not cause damage.
- Miss X’s complaint is mainly that the Council has been negligent. Deciding about whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation. I cannot decide whether an organisation has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Miss X’s position to seek a remedy in the courts, directly or through her insurers. I consider it is reasonable to expect Miss X to take court action.
Final decision
- We will not investigate Miss X’s complaint because it would be reasonable for her to take court action.
Investigator's decision on behalf of the Ombudsman