Summary: We will not investigate this complaint about the Council providing wrong information in 2007. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council has apologised, and it is unlikely further investigation will lead to a different outcome.

The complaint

1. Mrs J complains the Council wrongly records part of her property as adopted highway. She says it is failing in its duty to keep and maintain an accurate highways plan.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation
• further investigation would not lead to a different outcome

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

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How I considered this complaint

3. I considered information provided by Mrs J, including the Council’s responses to her complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs J says she first contacted the Council in 2007 about the extent of the adopted highway in front of her private parking space.
6. She says a Council Officer confirmed they had investigated all available documentary evidence and concluded the land in question was not adopted highway. At that point a line was installed showing the extent of the highway.
7. Following her neighbour’s installation of a drive and dropped kerb, Mrs J contacted the Council complaining the changes to her neighbour’s property meant she cannot build a garage on her parking space.
8. The Council says it has checked its highway adoption records and internal mapping system. This matches the recent decision that the highway runs up to the parking space boundary. It has apologised for giving Mrs J the wrong information in 2007.

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Final decision

9. We will not investigate Mrs J’s complaint because the Council has apologised. It has explained there is no evidence the Officer consulted the Highways Adoptions team in 2007. It confirms its records are correct. It is unlikely further investigation will lead to a different result.

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Investigator's decision on behalf of the Ombudsman