Summary: Mr X complains about the Council’s refusal to take action against a neighbour for erecting a fence. We will not investigate this complaint because there is no evidence of fault by the Council causing injustice.

The complaint

1. Mr X complains about the Council’s refusal to take action against a neighbour for erecting a fence.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the complainant’s comments on my draft decision.

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My assessment

6. Mr X says that a neighbour erected a fence at the back of his house which prevents Mr X from maintaining his property.
7. The Council says that they could not take planning enforcement action as the fence is Permitted Development, ie it does not need planning permission. They say that, as landowners they have a power to take action but they have declined to use this power as they say it should only be used to protect the Council’s interests. They consider that this is a private matter of access and Mr X has the right to enforce any such private right of access in the courts.
8. I am satisfied that the Council considered their powers to take action and therefore, their decision not to take action is one made without fault and the Ombudsman cannot therefore criticise the merit of that decision.
9. Mr X is unhappy with the time taken to reach that decision. Whilst there has been delay, I am not persuaded that any significant injustice is caused by this as the Council decided not to take action.

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Final decision

10. I do not intend to investigate this complaint because there is no evidence of fault by the Council causing injustice that would warrant investigation.

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Investigator's decision on behalf of the Ombudsman