The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision not to take action against the developer of his property in relation to a retaining wall he believes is dangerous. This is because there is no evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council has failed to take action to deal with an unsafe retaining wall and fence on the boundary between his property and a public right of way.
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The Council has investigated Mr X’s concerns about the wall but decided that while it does show signs of minor deterioration it does not pose a risk to the public. The Council’s view is a matter of professional judgement and it is not for us to question it.
If Mr X still believes the wall is unsafe then he may wish to carry out any further work he considers necessary. Mr X argues liability for maintenance of the wall rests with the developer under the terms of the deeds for his property but this would be a private matter between him and them. It would not be the Council’s responsibility to enforce Mr X’s rights against the developer.
Final decision
We will not investigate this complaint. This is because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman