Summary: We will not investigate Mr X’s complaint about the delay by the Council in taking enforcement action against his neighbour’s encroachment on the highway. The Council has confirmed that the matter is ongoing. We consider further investigation will not lead to a different outcome.

The complaint

1. Mr X complains the Council has not taken enforcement action against his neighbour’s encroachment on the highway.

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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 further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X contacted the Council in 2023 about a tree at the entrance to his home from the highway. He did not mention his neighbour’s wall which was in place at the time.
6. In 2024 Mr X complained to the Council that his neighbour’s wall encroaches on the highway an restricts access to his home.
7. The Council visited the site. They wrote to the neighbour advising the wall encroaches on the highway and told them to remove it within two months.
8. The Council allowed the neighbour extra time to seek advice. The neighbour submitted a legal challenge against the enforcement letter. The Council’s Enforcement Officer sought legal advice.
9. In response to my enquiries the Council confirmed a letter was sent to the neighbour’s solicitors advising the wall must be removed. If the wall is not removed within two months the Council may serve notice under the Highways Act 1980. If it is still not removed the Council may remove the wall and charge the neighbour for all associated costs.
10. In understand Mr X is dissatisfied with the length of time the process is taking. However, I understand he can access his home, albeit not from the entire length of his property where it adjoins the highway,

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Final decision

11. We will not investigate Mr X’s complaint because the Council confirms there is an ongoing enforcement case. While I understand Mr X is not satisfied with the time this is taking to resolve, I do not consider that further investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman