Stockton-on-Tees Borough Council (23 013 261)
Category : Other Categories > Land
Decision : Closed after initial enquiries
Decision date : 22 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about whether land adjacent to Ms X’s property is adopted highway. This is because Ms X has a legal remedy against the Council if she wishes to challenge its position that the land is adopted highway so placing the complaint outside our jurisdiction.
The complaint
- Ms X complains the Council has trespassed on her land and installed light columns. She says she has argued with the Council for many years about its use over her land and disputes that the land in question has been adopted.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 information provided by the complainant and the Council, including its response to her complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X disputes the Council’s view that land adjacent to her property on which it has erected light columns is adopted highway. The Council has responded to her to explain its position and why it considers the land to be adopted. It has told her it will not be removing the columns.
- The restriction highlighted at paragraph 3 applies to this complaint. Ms X has an alternative remedy available against the Council through the courts and as we would reasonably expect here to make use of it if she wishes to challenge the Council’s position, the complaint falls outside our jurisdiction and will not be pursued.
Final decision
- We will not investigate Ms X’s complaint because she has a legal remedy against the Council if she wishes to challenge its position that the land is adopted highway so placing the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman