Devon County Council (24 017 475)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 11 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council’s failure to maintain a retaining wall. This is because it is unlikely we could achieve any worthwhile outcome for her.
The complaint
- Mrs X complains the Council has failed to properly maintain a retaining wall which she is concerned may collapse and cause damage to her property. She also complains the Council has now decided it will not repair the wall as it does not know who owns it.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- At present Mrs X’s concerns are about what may happen in the future and about the Council’s suggestion that it may not accept responsibility for any works that may be required to it. But the Council has explained that the wall is regularly inspected and that no works are currently required.
- It is not for us to determine ownership and liability for maintenance of the wall, or to say the Council must do any particular works to it even if it acknowledged it was responsible. If Mrs X believes the wall is the Council’s responsibility and that it should carry out repairs, she may apply to the court for an order to this effect. She may also make a claim against the Council in the event her property suffers any damage, and if she considers the Council responsible for this.
Final decision
- We will not investigate this complaint. This is because it is unlikely we could achieve any worthwhile outcome for Mrs X.
Investigator's decision on behalf of the Ombudsman