Gloucestershire County Council (20 003 426)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 13 Oct 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about disputed responsibility for the repair of a collapsed wall. He cannot decide the issue; only the courts can do that.
The complaint
- The complainants, who I refer to here as Mr and Mrs B, have complained following the collapse of a wall into the garden of their home. They believe the Council is responsible for the cost of repair but it disagrees. Mr and Mrs B are also unhappy with how the Council has dealt with their complaints about the issue.
The Ombudsman’s role and powers
- We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:
- we cannot achieve the outcome someone wants; or
- there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mr and Mrs B have said in their complaint and background information provided by the Council. Mr and Mrs B commented on a draft before I made this decision.
What I found
- While Mr and Mrs B have been involved in lengthy correspondence with the Council, they have been unable to resolve the issue of responsibility for the wall. They believe there is an established legal principle that says the Council is responsible for the cost of repair. The Council disagrees with this view.
- While I recognise Mr and Mrs B wish to avoid the cost of legal proceedings, the central issue is a question of legal responsibility which I consider can only be resolved in court. It is not something we can decide.
Final decision
- I have decided we will not investigate this complaint. This is because we cannot decide the question of responsibility; this is a matter best decided by the courts. It is not a good use of public resources to investigate complaints about complaint procedures, if we are decide not to investigate the substantive issue.
Investigator's decision on behalf of the Ombudsman