Sefton Metropolitan Borough Council (24 010 707)

Category : Transport and highways > Highway adoption

Decision : Closed after initial enquiries

Decision date : 21 Nov 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about alleged discrimination against the complainant by granting a license for a gate across a private lane, the sale of Council owned land and delay in responding to correspondence. The complaint is late, and we have seen no reason to exercise discretion and investigate. Nor do we consider the complainant has suffered a significant personal injustice.

The complaint

  1. Mr X complains the Council has discriminated against him by giving preference to his neighbour over him and others.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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 provider has done.

(Local Government Act 1974, sections 26B and 34D, as amended)

  1. We investigate 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 continue an investigation if we decide any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

  1. Mr X complains the Council has favoured a neighbour by granting a licence for a gate across a lane which he has access right over.
  2. In response to my enquiries Mr X says he has known about the licence since 2021. The law says a complaint must be made within 12 months of a person becoming aware of the matter. Therefore, as Mr X has known of the gate license for three years, his complaint is late. I have considered whether we should exercise discretion on this point. I understand Mr X was concerned about solicitors’ costs and did not want to upset his neighbours. However, the Ombudsman service is free to use. I do not consider this justifies disapplying the late criteria.
  3. Mr X also complains the Council is selling some land to his neighbour and has failed to respond to his letters.
  4. I understand the land sale is now on hold. Therefore, I do not consider Mr X has suffered any injustice on this point. And, while we expect councils to respond to correspondence within its published timescales, we do not consider delays in responses has caused sufficient personal injustice to warrant an investigation. says the Council.

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Final decision

  1. We will not investigate Mr X’s complaint about the gate licence because it is late and there is no reason to exercise discretion on this point.
  2. Nor do we consider Mr X has suffered a significant personal injustice.

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Investigator's decision on behalf of the Ombudsman

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