Summary: We will not investigate this complaint about a dispute over a boundary fence between private property and the public highway. We cannot determine boundary disputes and the courts are the bodies best placed to decide civil matters.

The complaint

1. Mr X complained about the Council’s refusal to accept liability for replacing a boundary fence between his property and a public path. He says that the previous owner sold the land for the path and the responsibility for the boundary to the Council.

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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)

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How I considered this complaint

3. I have considered the information provided by the complainant and the Council’s responses.
4. I have considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says that the Council is refusing to accept responsibility for a boundary fence between his home and a public right of way. He says the previous owner of his property sold the land with the footway to the Council and that the sale included the boundary fence which is now in need of replacement.
6. The Council accepts it is liable for maintaining the footway but says that there is no evidence that the fence is part of the highway and that as it protects the property, it is likely to remain the owner’s responsibility. It will not replace the fence at public expense.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.

In this case the ownership of the fence is a civil matter and only the courts can decide who is responsible for the ownership of land and boundaries. It is reasonable for Mr X to seek a legal remedy for what is a private ownership dispute.

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Final decision

8. We will not investigate this complaint about a dispute over a boundary fence between private property and the public highway. We cannot determine boundary disputes and the courts are the bodies best placed to decide civil matters.

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Investigator's decision on behalf of the Ombudsman