Summary: We will not investigate Mr X’s complaint about the Council’s involvement in a land ownership dispute between her and a neighbouring landowner. This is because we cannot achieve any worthwhile outcome for Mr X by investigating the Council’s actions. The main issue is a private civil matter between the relevant parties and if Mr X wishes to find out if part of his land has been adopted as public highway he should contact the highway authority.

The complaint

1. The complainant, Mr X, complains the Council has failed to properly investigate or provide accurate paperwork about a land ownership dispute dating back to 2018.

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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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X’s representative, Mrs Y, and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We cannot achieve any worthwhile outcome for Mr X by investigating this complaint. Mrs Y refers to disputes with a neighbouring landowner and to use of a section of property she believes Mr X owns as part of the public highway. But it is not the Council’s role to resolve land ownership disputes and it is not the highway authority so has no role in determining whether part of Mr X’s property forms part of the public highway. If Mr X wishes to prove the section of land in dispute forms part of his property and that it is not part of the public highway he may wish to seek legal advice.
6. While Mrs Y suggests the Council has failed to keep proper records we could not say what these records would have shown or conclude that Mr X has suffered injustice as a result of them not being available. Land ownership is a complex issue and a private civil matter between the relevant parties. However adoption of land as part of the public highway does not necessarily involve any transfer of ownership. If Mr X wishes to find out if part of his land has been adopted as public highway he, or Mrs Y on his behalf, should contact the County Council as the highway authority.

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Final decision

7. We will not investigate this complaint. This is because we cannot achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman