Summary: The Ombudsman will not investigate Mr X’s complaint about damage to his boundary wall which he says results from earth slippage beneath the public highway. This is because it would be reasonable for Mr X to take the matter to court.

The complaint

1. The complainant, Mr X, complains the Council will not accept liability for damage to his boundary wall.

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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 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)

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How I considered this complaint

4. I reviewed Mr X’s complaint, shared my draft decision with him and invited his comments.

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What I found

5. Mr X owns a property which abuts onto the public highway. He complains that due to earth slippage beneath the highway his boundary wall has suffered damage. He believes the Council is liable for the damage and wants it to repair his wall and deal with the earth slippage. He says he has complained to two separate departments at the Council but neither will accept responsibility.
6. The Ombudsman will not investigate this complaint. The Council does not accept liability for the damage to Mr X’s wall and if Mr X believes it is responsible it would be reasonable for him to take the matter to court.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman