Wiltshire Council (23 010 255)
Category : Transport and highways > Rights of way
Decision : Closed after initial enquiries
Decision date : 26 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council constructing highway infrastructure which Mr X claims is obstructing his private access. It is reasonable for Mr X to seek a remedy in the courts to resolve the private legal dispute.
The complaint
- Mr X complained about the Council erecting bollards and kerbing on an access to the public highway from his private road. He says this has restricted his access which he needs to use the full width for large vehicles. He says the Council has threatened to prosecute him for maintaining what he believes are his private ownership rights.
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 the information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council has erected bollards and kerbing on a highway junction where a private road and bridleway which he uses has a junction. He says the infrastructure is reducing the width of his access which he needs to operate large agricultural vehicles. He has advised the Council that he will take action to remove the obstructions and it warned him that he may be prosecuted if he interferes with highway authority structures.
- Mr X instructed solicitors to have the access restored to its original width. The Council’s legal advisors told them that the Council maintains the right to carry out highway works.
- We will not investigate this complaint which concerns private rights of access. Only the courts can determine civil disputes about land ownership and access and it is reasonable for Mr X to seek a remedy by this means through his solicitors.
Final decision
- We will not investigate this complaint about the Council constructing highway infrastructure which Mr X claims is obstructing his private access. It is reasonable for Mr X to seek a remedy in the courts to resolve the private legal dispute.
Investigator's decision on behalf of the Ombudsman