Summary: We will not investigate this complaint about the Council’s lack of action in connection with ownership of a piece of land close to Mr X’s property. This is because an investigation is unlikely to add to the Council’s own investigation or lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s lack of action in connection with ownership of a piece of land close to his property.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X made enquiries of the Council regarding ownership of a piece of land near his property, concerned about responsibility for carrying out work to it such as cutting the grass and managing trees.
7. The Council investigated the matter and sought legal advice. It found that back in the 1970s the plan had been for a housing developer, once its development had been completed, to transfer the land to the council then in existence, later replaced by the current Council. However, the Council’s investigations have led it to believe the transfer never took place and that the land ownership is likely now to be vested in the Crown. The Council has told Mr X that given the costs involved it will not be looking to acquire the land from the Crown.
8. While the outcome of the Council’s investigations may not satisfy Mr X, an investigation by the Ombudsman is unlikely to add to that already carried out by the Council or lead to a different outcome.
9. Moreover, Mr X has known about this issue for a number of years and the restriction highlighted at paragraph 3 applies to past matters we would reasonably have expected Mr X to have complained about sooner.

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Final decision

10. We will not investigate Mr X’s complaint because an investigation is unlikely to add to the Council’s own investigation or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman