Summary: We will not investigate this complaint about the Council defending legal action. This is because we do not have jurisdiction to investigate matters heard in court.

The complaint

1. Mrs X complains that the Council defended an adverse possession claim she initiated resulting in the matter going to court and Mrs X incurring significant legal fees. Mrs X also complains of poor communication.

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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. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).

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How I considered this complaint

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

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My assessment

6. Mrs X purchased a property which she mistakenly believed included a portion of land which was owned by the Council. Mrs X used the land as part of her garden for 15 years and then brought an adverse possession claim against the council to gain legal title to the land.
7. Mrs X made requests for the matter the be mediated or settled but the Council chose not to engage in mediation. Mrs X proceeded to bring the adverse possession claim to the court.
8. Mrs X complains that the Council’s decision not to engage in mediation or agree to settle the claim caused her increased legal fees. The court considered this and awarded a 10% reduction in costs to reflect the Council’s decision not to pursue mediation
9. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the proceedings did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916). We are unable to investigate the Council’s decision not to mediate or settle the adverse possession claim brought by Mrs X because the matter has been heard in court.
10. Mrs X is also unhappy with the Council’s communication and complaint handing. But it is not a good use of public resources to look at the Council’s communication or complaints handling if we are not able to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

11. We will not investigate Mrs X’s complaint because we do not have jurisdiction to investigate complaints about matters which have been heard in court.

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Investigator's decision on behalf of the Ombudsman