Summary: We will not investigate this complaint about how the Council has dealt with matters relating to the adoption of a road outside the complainant’s property. This is because we have previously considered a complaint about the Council’s claim that the road was adopted. Other matters raised by the complainant are either made late or have been subject to the commencement of court proceedings.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council dealt with matters relating to a road outside his property. Specially, Mr X complains about:
1. The Council’s claim that the road was adopted and the evidence the Council relied upon when making that claim.
2. The Council’s lack of enforcement action against his neighbour, in relation to breaches of planning control.
3. The Council’s adoption of the road in 2021.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X previously complained to the Ombudsman that the Council had incorrectly claimed to have adopted a private road outside his property. We considered this complaint in 2020. We will not consider matters that have already been decided. Therefore, this part of Mr X’s complaint is invalid.
9. We will not investigate Mr X’s complaint that the Council failed to take enforcement action against his neighbour regarding breaches of planning control. This is because the Council informed Mr X in January 2019 that it would not be taking enforcement action. Therefore, this element of Mr X’s complaint is made late. I see no reason why he could not have complained about this matter sooner.
10. Other elements of Mr X’s complaint are also made late. Mr X complains about how plans were recorded by the Council and about a sign being removed from his property. Mr X was aware of both matters in 2020 and he could have complained about them sooner.
11. Finally, I cannot investigate Mr X’s complaint about the Council’s decision to formally adopt the drive in 2021. Mr X commenced legal proceedings against the Council in regard to its decision to adopt the road, this therefore places this matter outside of our jurisdiction. We have no power to consider the actions of the Council if they relate to something which is outside of our jurisdiction.

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Final decision

12. We will not investigate Mr X’s complaint because some matters have already been considered by the Ombudsman, some are late, and others have been subject to the start of court proceedings.

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Investigator's decision on behalf of the Ombudsman