Summary: We will not investigate this complaint about the Council’s refusal to adopt the road outside Mr X’s house. This is because we cannot achieve the outcome Mr X wants and the court is best placed to consider these matters.

The complaint

1. Mr X has complained about the Council’s refusal to adopt the road outside his property.
2. Mr X says he is now faced with possible future costs for the upkeep of the road and uncertainty over its condition. Mr X is also concerned how this may affect the value of his property and ability to get a mortgage.
3. Mr X wants the Council to either adopt the road or fund the work necessary to bring it up to adoptable standard without charging residents.

When we’re saying we can’t achieve the outcome someone wants, we should include the outcome.

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The Ombudsman’s role and powers

4. 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:

• 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), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X bought a new build house. During the purchase those involved in the transaction obtained information indicating that a Section 38 agreement was in place and that the developer had paid a bond, which would allow the Council to adopt the road at a later date. Sometime later Mr X discovered the road had not been adopted by the Council. The developer had ceased trading and had not paid the bond
8. In its response to Mr X the Council said:
• even though the bond was not paid, it remained in contact with the developer who gave assurances the road would be completed as per the agreement;
• it believed any conveyancer searches reflected the situation as it was;
• without a bond in place, it was under no obligation to adopt the road; and
• it could not comment on whether Mr X had relied on its representations because the Council had no knowledge of this.
9. We will not investigate this complaint. Any issues relating to the purchasing process or financial losses incurred by Mr X, which are purely speculative at this stage, are matters better placed before a court. Whether to adopt a highway is a decision for the Council to make and we cannot compel it to do so. We therefore cannot achieve the outcome Mr X seeks.

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Final decision

10. We will not investigate this complaint because we cannot achieve the outcome Mr X wants, and the issues regarding the property purchase and possible financial losses are better placed before the Court.

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Investigator's decision on behalf of the Ombudsman