Summary: We will not investigate this complaint about Mr X’s garden and whether a section of it is part of the adopted highway. This is because it is a matter for the courts to decide the extent of the adopted highway.

The complaint

1. The complainant, whom I have called Ms Q, complained on behalf of Mr X about Nottinghamshire County Council. She said the Council wrongly said a section of Mr X’s garden is part of the adopted highway.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

Back to top

How I considered this complaint

4. I considered the information Ms Q provided. I considered the information the Council provided. I considered Ms Q’s comments on a draft of this decision.

Back to top

What I found

5. The Council believes a section of Mr X’s garden is part of the adopted highway. Ms Q gave the Council evidence which she thinks proves it is not. She said the Council had lost key documents and could not prove the land is part of the adopted highway.
6. We have no power to determine whether a section of Mr X’s garden is part of the adopted highway. Only the courts can decide the extent of the highway. So it would be reasonable for Mr X to go to court if he wants to determine whether a section of his garden is, in fact, part of the adopted highway.

Back to top

Final decision

7. We will not investigate this complaint. This is because Mr X can go to court.

Back to top

Investigator's decision on behalf of the Ombudsman