Cornwall Council (25 029 041)
Category : Transport and highways > Rights of way
Decision : Closed after initial enquiries
Decision date : 14 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s refusal to assess or repair a damaged boundary wall. It would be reasonable for Miss X to seek a remedy in court.
The complaint
- Miss X complained the Council refused to assess or consider repairs to a boundary wall. Miss X said the Council constructed the wall during its previous ownership of the property.
- Miss X also complained the Council refused to consider her complaint.
- Miss X said this caused uncertainty and distress about the safety of the wall.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X owns a property where a boundary wall runs beside a footpath.
- Miss X said the Council constructed the boundary wall when it owned the property. Miss X said the title deed says the Council retained control of the design and form of boundary structures.
- Miss X said the boundary wall has cracks and showed signs of subsidence. She asked the Council to consider whether the defects were because of the Council’s historic work. Miss X said the title deed clause is relevant here when considering responsibility for structural or design defects.
- This is a contractual issue which the Ombudsman cannot decide. Miss X’s concerns should be raised with a solicitor for an interpretation of the title deed. Failing this, Miss X could take the matter to court.
- It would be reasonable to expect Miss X to do this because a court can decide whether the Council is responsible for any works or defects.
Final decision
- We will not investigate Miss X’s complaint because it would be reasonable for Miss X to seek a remedy in court.
Investigator's decision on behalf of the Ombudsman