Surrey Heath Borough Council (19 008 725)
Category : Transport and highways > Highway adoption
Decision : Closed after initial enquiries
Decision date : 29 Oct 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr B’s complaint about the Council’s involvement in decisions taken which have had a negative impact on his land in relation to flooding and encroachment. This is because it concerns issues which have been in existence for many years and due to the passage of time the complaint falls outside our jurisdiction.
The complaint
- The complainant, who I refer to as Mr B, complains about Council decisions and actions which he says have had a negative impact on his land in relation to flooding and encroachment.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- In considering the complaint I spoke to Mr B and reviewed the information he provided.
What I found
- Mr B’s property abuts land which in the 1970s was designated as a Site of Scientific Interest. Over a number of years Mr B has made various complaints to the Council about matters relating to trespass and the positioning of his land and fence.
Assessment
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. The time restriction highlighted at paragraph 2 applies to this complaint as the matters with which Mr B is concerned date back many years. There are no grounds which warrant exercising discretion and it is too late now for the Ombudsman to investigate the complaint.
Final decision
- The Ombudsman will not investigate the complaint because it concerns issues which have been in existence for many years and due to the passage of time the complaint falls outside our jurisdiction.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman