Scarborough Borough Council (22 010 316)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 01 Dec 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to accept liability for repairs to a boundary fence. The matter is in the hands of the Council’s insurers and if no liability is accepted then Mr X should seek a remedy in the courts.
The complaint
- Mr X complained about the Council’s failure to decide if it will accept responsibility for repairing a boundary fence to his property which was damaged by overgrown vegetation.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council has not accepted liability for a fence which forms the boundary at the end of his garden. Previously the fence was entangled with overgrown vegetation which he complained about. The Council cleared the vegetation in 2022 but the fence has been damaged by it and is no longer a secure boundary. He asked the Council to replace it but it has not accepted responsibility for the fence.
- In late 2021 Mr X submitted an insurance claim against the Council for the fence repairs. The matter is in the hands of the Council’s insurers but they have not yet determined the claim. Mr X submitted copies of his property deeds but the Council says they are not sufficient to be conclusive.
- We cannot determine liability for boundary issues or damage to property. Only insurers and the courts can do this. Mr X’s claim is being considered and the Council says it will try to have the outcome sent to him as soon as possible.
Final decision
- We will not investigate this complaint about the Council’s failure to accept liability for repairs to a boundary fence. The matter is in the hands of the Council’s insurers and if no liability is accepted then Mr X should seek a remedy in the courts.
Investigator's decision on behalf of the Ombudsman