The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to maintain an overgrown site near Mrs X’s property. This is because her injustice is financial loss (as she says she had to replace a garden fence and buy weedkiller to treat growth affecting her garden). It is reasonable for the complainant to take her claim to court to decide the Council’s liability.
The complaint
In summary, Mrs X complains about the Council’s failure to maintain an overgrown site near her property. She says plants and trees/bushes on this site are impacting her garden landscaping/paving. She says she has suffered financial loss by replacing her damaged fence and also buying weedkiller.
Mrs X would like the Council to respond positively to confirm when actions will take place.
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
I will not investigate because the matter of liability for financial loss is usually decided in the courts.
It is reasonable for Mrs X to take the matter to court. The court can decide liability and if Mrs X is entitled to claim back the costs of the new fence and weedkiller. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
Final decision
I will not investigate as it is reasonable to expect Mrs X to go to court to decide the Council’s liability for her financial loss.
Investigator's decision on behalf of the Ombudsman