Summary: We will not investigate this complaint about how the Council has dealt with a property developer’s failure to comply with its contractual obligations as there is insufficient evidence the Council is at fault.

The complaint

1. Ms X complains the Council failed to address her highway complaint resulting in a disproportionate impact on her as she has limited mobility. Ms X says the Council’s actions has impacted her access to her property.
2. Ms X is seeking a decision that requires the Council to share more information about its contract with a development company, and what actions it intends to take to enforce it.

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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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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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. The Council has explained the action it is taking about the property developer’s contractual obligations.
8. With regard to the impact on Ms X, it has explained that as the land immediately surrounding her property is not owned by the Council, she will need to take civil action to address any parking restrictions she seeks.
9. Only the landowner or the courts can make a decision about Ms X’s rights in relation to the privately owned land outside her home.
10. The Council has taken legal action to address breach of contract by the developer, and has explained this to Ms X. It has also confirmed it is still taking legal advice as to how to proceed.
11. Although it is clear Ms X is in a difficult position, the Council is entitled to take legal advice and decide how to proceed with the developer. I have not seen enough evidence the Council is at fault to justify an investigation by this office.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence the Council is at fault.

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Investigator's decision on behalf of the Ombudsman