Summary: We will not investigate this complaint about the Council’s decision that Miss X’s neighbour has not breached planning control and encroached over her boundary. We are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, Miss X, complains the Council refused to consider her reports of breaches of planning control and encroachment over her boundary and now says it is too late to take enforcement action.
2. She wants the Council to instruct her neighbours to remove the outbuildings.

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The Ombudsman’s role and powers

3. 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 not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. In 2017 Miss X reported a breach of planning control by her neighbour. She said an outbuilding in the rear garden was being occupied and encroached over her boundary.
7. The Council says it tried to contact the owner but was unable to visit the site.
8. In 2019 Miss X reported the same issue. The Council confirms officers visited the site. They established the outbuildings were used ancillary to the main home. It also confirmed that boundary issues are civil matters. Having found no breach of planning control the case was closed.
9. In 2023 Miss X again reported unauthorised use of outbuildings and boundary encroachment.
10. Again, Council officers visited the site. The Council confirms the outbuildings have never been illegal structures it has not identified a breach of planning control. Again, it confirmed boundary disputes are a civil matter.
11. I understand Miss X disagrees with the Council’s decision that there is no breach of planning control. However, it has visited the site more than once and inspected the outbuildings. Having investigated her reports, this is a decision it is entitled to make.
12. I also understand Miss X is concerned the outbuildings encroach over her property boundary. A boundary dispute between homeowners is a private matter between the two parties. This would be a civil law matter, and not one we expect councils to become involved in. If Miss X wishes to pursue matters concerning the boundary encroachment then it is open to her to seek legal advice from a solicitor or advice agency.

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Final decision

13. We will not investigate Miss X’s complaint because we are unlikely to find fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman