Summary: We will not investigate this complaint about highway maintenance because another body is better placed.

The complaint

1. Miss Y complained the Council has refused to pay for repairs to a fence after it failed to maintain the surrounding hedgerow and verge which caused damage. She is also unhappy at the Council’s handling of her complaint, where she says she has had to chase for responses.

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The Ombudsman’s role and powers

2. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

4. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Miss Y made a claim against the Council’s insurance for repairs to her fence, which she says was damaged by overgrown hedges which were not maintained by the Council. She says the repairs cost her £1,180. She also disputes responsibility for the maintenance of a grass verge.
6. The Council has rejected Miss Y’s claim. If Miss Y wishes to pursue the matter, it is for her to approach the court to contest the Council’s position on liability. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Miss Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue his claim through her own home insurer or the courts. We will not investigate this complaint.
7. As we are not investigating the substantive issue, it is not a good use of public funds to investigate how the Council dealt with Miss Y’s complaint about the fence. We will not investigate.

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Final decision

8. We will not investigate Miss Y’s complaint because another body is better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman