Cheshire County Council (06C04993)

Highway management               Maladministration causing injustice

31 July 2008

Cheshire County Council delayed in taking effective steps to progress a dispute with a couple over part of a highway constructed along the boundary of their private property.

Mr and Mrs Nunn had made an agreement (in 1990) with a developer to transfer a wedge of their land that he wanted to create access to a housing estate the developer planned to build. In 1997/98, the Ombudsman had supported an earlier complaint from the Nunns about inadequate response to problems with the highway along the boundary of their property, and in 2002 she accepted the County Council’s assurance that the agreed settlement had not been neglected, but the delay was due to complications and setbacks.

Since then (2002) the County Council has been telling the Ombudsman that it is seeking a resolution to the problem caused by the disputed boundary and land levels. In 2006 the Ombudsman decided to investigate a resubmitted complaint from the Nunns as she was particularly concerned at the possible implication in their complaint that a public authority had interfered with their land and property. Following the investigation, the Ombudsman said she was satisfied that this had not happened.

However, the Ombudsman said: “From the information available to me, I consider that Cheshire County Council has delayed unreasonably in properly analysing its position and its options and failed to plot a sensible course of action leading to the matter being concluded in a reasonable timescale. I am mindful that at the heart of the dispute is approximately 60ft of unfinished footpath, vehicular crossing and un-kerbed carriageway amongst thousands of miles of highway that are maintained by the County Council. The Council can justify giving this a lower priority than many other pressing issues with which it deals. I am also mindful that the Nunns have made a significant contribution to the situation by their attitudes, unwillingness to co-operate, and (unrealistic) expectation that the County Council would buy part of their land.”

The Ombudsman concluded: “Taking into account all the circumstances and the Nunns’ own contribution to the situation, I consider that the injustice is slight and that an apology for the delay from the Chief Executive is sufficient remedy.”

The Council’s Chief Executive has given his assurance that a decision on how to proceed has now been reached and will be communicated to the Nunns imminently.

Date Updated: 14/10/08