Summary: We will not investigate Mr X’s complaint about the Council’s handling of a Land Registry application because it was reasonable for him to use his right to appeal.

The complaint

1. Mr X complains the Council:
• Has wrongfully attempted to take control over his driveway since 2020;
• Was wrong to seek a ‘prescriptive easement’ over his driveway in 2023;
• Has not taken proper action against its tenants for their unreasonable behaviour experienced from 2020 to September 2022; and
• Handled his complaints poorly.
2. Mr X says he has suffered distress and incurred costs in challenging its application for an easement.
3. The term ‘prescriptive easement’ refers to a legal right of way to allow another person access to private land.

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The Ombudsman’s role and powers

4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
6. 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

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X says the Council has wrongfully attempted to take control of his driveway since 2020. Due to the lateness of this complaint, and there being no good reason he could not have complained sooner, I will only consider the matters arising within 12 months prior to the date Mr X complained to the Ombudsman.
10. In 2023, the Council applied to the Land Registry for a prescriptive easement to allow Mr X’s neighbour access to his driveway. Mr X objected to this application and the matter was resolved before it was referred to a Tribunal, which would be the next step. As there is an established appeal process that was reasonable for Mr X to follow, I will not investigate further.
11. Mr X’s complaints about the Council’s lack of action as a landlord are out of jurisdiction. In any event these matters date prior to 12 months and therefore this complaint is late, and there is no good reason to consider it now.
12. It is not a good use of public resources to investigate complaints about the Council’s complaint handling where we are not investigating the substantive issue.

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Final decision

13. We will not investigate Mr X’s complaint because he had a right to appeal.

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Investigator's decision on behalf of the Ombudsman