Summary: Mrs A complained about Council’s lack of enforcement action when she reported her neighbour is blocking her shared drive on Council owned land. The Ombudsman cannot investigate this complaint. This is because this is a matter for the courts and it is out of time.

The complaint

1. Mrs A complained about the Council’s lack of enforcement action when she reported her neighbour is blocking her shared drive on Council owned land.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), 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 Mrs A. Mrs A had an opportunity to comment on my draft decision. I considered her comments before making a final decision

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What I found

Background

5. In 2007 Mrs A moved into her home.
6. Mrs A shares her drive with her neighbour, but the drive is situated on land owned by the Council.
7. Mrs A’s neighbours often parked on the drive and blocked it.
8. Mrs A reported it to the Council and the housing department organised a meeting between Mrs A and her neighbour.
9. In the meeting Mrs A’s neighbour agreed not to park on the shared drive, but Mrs A says that they continued to do it after the meeting.
10. Mrs A said that a housing officer advised her to take photos every time the drive is blocked as it would use it as evidence in court.
11. In 2016 Mrs A purchased her house and her solicitor advised her that the drive was hers and she could park her car on the land and erect a fence.
12. Two weeks after her neighbour’s solicitor contacted Mrs A and told her to move her car because her neighbour had the right of way.
13. Mrs A found out that her neighbour did have a right of way in a conveyance with the Council.
14. Mrs A said the Council is responsible because they did not take any enforcement action against her neighbour and it should cover her legal costs.

Assessment

15. Mrs A has started legal proceedings against her neighbour. I consider this is the most appropriate place to remedy the complaint and so the Ombudsman will not investigate this complaint.

16. Further, the complaint is late as the events Mrs A is complaining about occurred more than 12 months ago and there are no good reasons for us to use our discretion to disapply the rule in paragraph 3.

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Final decision

17. The Ombudsman cannot not investigate this complaint. This is because the Mrs A has started legal proceedings against her neighbour.

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Investigator's decision on behalf of the Ombudsman