Summary: We will not investigate this complaint about highway maintenance because the courts are better placed to consider the complaint.

The complaint

1. Miss Y complained the Council failed to notify her of works being carried out on the boundary of her property, including land which she believes she owns. She says the works damaged her property and she believes she owns the land worked on.
2. Miss Y says the issue has caused her upset and worry and her property was damaged in the process, costing her over £1,000 to repair.

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The Ombudsman’s role and powers

3. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

5. I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

6. In this case, there is a dispute over the ownership and rights over a strip of land on which the Council has completed work. Miss Y says she believes it is her land over which the Council does not have the right to act, while the Council says it is part of the public highway and it does have the ability to carry out work on it.
7. We cannot decide land disputes or advise who has what rights over land or who has ownership of the land. This would be for the courts to decide. As we cannot make such a decision, where the courts can, the courts are better placed to consider the issue of whether the Council wrongly carried out work on Miss Y’s property or not, or whether it ought to have notified her of this previously. We will not investigate.
8. Further, Miss Y says damage was caused to the area, which she says she has needed to spend £1,100 to repair. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property. We cannot determine liability claims for negligence.
9. These are legal claims which may only be determined by insurers or the courts. Consequently, any claim for damages, such as costs for repairs, which Miss Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts or the Council’s insurer. We will not investigate.

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Final decision

10. We will not investigate Miss Y’s complaint because the courts are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman