Summary: We will not investigate Mr X’s complaint about the Council giving him incorrect information about the adopted status of a road in 2017, which he says influenced his decision to buy his house and the price he paid. Mr X’s complaint amounts to a claim of negligence by the Council causing him financial loss, which are legal matters only a court can decide. It is reasonable for Mr X to pursue the matter in court, which is the body best placed to make findings on legal issues. We also cannot achieve the outcomes Mr X seeks.

The complaint

1. Mr X did a local land search to determine whether the road serving a property he was considering buying was adopted and maintainable by the Council. The Council’s reply advised Mr X the road was adopted. He complained to the Council about the state of the road in 2021. The Council confirmed it had never adopted the road, and the search response it gave him in 2017 had been wrong.
2. Mr X complains the Council gave him incorrect information about the adopted status of the road in 2017. He says this influenced his decision to buy the house, and the final price he paid for it. Mr X says the unadopted road affects his house’s value. The road’s condition means he fears damage to his car, is embarrassed when he has visitors, and considers the road poses a danger to his children.
3. Mr X wants the Council to either:
• agree to adopt the road, fix and maintain it; or
• fix the road to an acceptable standard; or
• provide financial compensation of a sum to cover the costs of fixing the road.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

7. I considered information from Mr X, and the Ombudsman’s Assessment Code.

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My assessment

8. The core matter in Mr X’s complaint is a claim of negligence by the Council in its incorrect 2017 response to his search about the adopted status of the road. He considers he has suffered a significant reduction in the value of his property, stemming from the Council’s incorrect 2017 reply to his search and the poor state of the road due to it not being adopted. This is a claim of financial damages caused by negligence, which is a court matter.
9. Where the substance of a complaint is an issue for the courts, we will not normally investigate. We have discretion to investigate if we consider it would be unreasonable for someone to take their matter to court, but we should not apply that discretion here. This is because the core matter in Mr X’s complaint is a legal issue of negligence, which can only be decided in court. It is reasonable for Mr X to put his case before that body which is best placed to make findings on legal matters. I also take into account that an order for compensation or other redress issued by a court is binding, unlike an Ombudsman decision which may only make recommendations for remedies.
10. I note the Council has given its view that Mr X cannot take legal action here because of the Limitations Act 1980. The Council considers Mr X cannot pursue the matter because over three years have passed since the 2017 error by its officer. But the Council’s position would also be arguable in court. We cannot say, based on the Council’s view, that its expressed position on the legislation and application in Mr X’s matter is correct and that Mr X has no present route for legal redress. The application of the law to determine Mr X’s current legal options is a further matter only a court can decide, not the Ombudsman.
11. I have noted the outcome options Mr X wants from his complaint, as listed in paragraph 3 above. But we cannot achieve these outcomes. We cannot order councils to adopt unadopted roads, fix, maintain or fund work to such roads.

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Final decision

12. We will not investigate Mr X’s complaint because:
• the complaint amounts to a claim of negligence by the Council causing him financial loss, which are legal matters only a court may determine; and
• it is not unreasonable for Mr X to put his case before the courts, the body which is best placed to make findings on legal matters; and
• we cannot achieve the outcomes Mr X seeks from his complaint.

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Investigator's decision on behalf of the Ombudsman