Summary: We will not investigate this complaint about the Council’s maintenance of boundaries between its parkland and neighbouring properties. We cannot determine boundary disputes and only the courts can decide responsibility for land boundaries.

The complaint

1. Ms X complained about the Council’s failure to prevent vegetation spreading from its parkland onto walkways and garage sites in her residential area. She says the Council has not repaired broken panel fencing and has replaced some with railings which allow encroachment. She wants the original fencing re-instating.

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The Ombudsman’s role and powers

2. 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

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says the Council has failed to prevent vegetation growing onto walkways and a private garages site where she lives. She says the Council neglected broken boundary fencing for years and has replaced some of it with railings which do not prevent the spread of vegetation from the neighbouring parkland.
6. Ms X complained to the Council and it told her that the concrete panel fencing was not provided by the Council but most likely it was a feature of the development which was built when it was built on the park boundary. It will not replace this type of fencing which it does not use and residents will have to do this if they own it. Following a review of the site the Council says that it believes the walkways are not council land and that they are the responsibility of the frontagers as part of the development.
7. Ms X says she and other residents dispute the claim. She asked the Council to prove it did not own the land. The Council advised that its records do not include this land and she should seek clarification with the land registry if she wishes to challenge this.
8. We cannot determine boundary disputes. These are legal matters and the Council has given its view about who is responsible for the fences and walkways. Only the courts can decide ownership of boundaries.

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Final decision

9. We will not investigate this complaint about the Council’s maintenance of boundaries between its parkland and neighbouring properties. We cannot determine boundary disputes and only the courts can decide responsibility for land boundaries.

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Investigator's decision on behalf of the Ombudsman