Summary: We will not investigate this complaint about a claim of personal injury and trespass following the Council’s contractors work to a boundary fence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council.

The complaint

1. Miss X complained about the Council carrying out work to a boundary fence with the highway and her home. She says the contractors entered her garden to carry out some of the work without her being informed this was necessary. They left debris in her garden after the work and she says she suffered an ankle injury on this. She also says an officer who she discussed the matter with on site was bullying and unprofessional.

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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)
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 any injustice is not significant enough to justify our involvement.

(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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained about the actions of the Council’s contractors in affecting her property and causing personal injury. She was aware that the fence was to be constructed because this was the subject of a previous complaint to us ref: 25008474, and previously made it clear she was opposed to this. When the work was carried out the Council needed to access her side of the boundary to complete it and it accepts that she may not have been made fully aware of this necessity. The Council apologised for any miscommunication.
7. I do not consider that there is sufficient injustice in this aspect of the compalint which would warrant further action. Mrs X says an officer who she discussed this with on site was bullying and rude but the Council says it has viewed video of this and disagrees with her view. We were not party to the incident and we cannot make any conclusion where it is a case of one party against another as to what took place. Again, there is no significant injustice arising from this.
8. The Council has advised Miss X to submit a claim if she believes it was responsible for personal injury caused by debris resulting from negligence. This is the correct way to deal with claims about negligence and trespass which are legal torts and can only be determined by the courts if no liability is accepted by the Council.

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Final decision

9. We will not investigate this complaint about a claim of personal injury and trespass following the Council’s contractors work to a boundary fence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council.

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Investigator's decision on behalf of the Ombudsman