Summary: The Ombudsman will not investigate this complaint about the Council serving a Notice requiring the complainant to remove structures from the highway. The courts are best placed to deal with any concerns the complainant has.

The complaint

1. The complainant, who I refer to here as Mr B, has complained because the Council has served a Notice on him requiring him to remove a fence and other structures from the highway.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Mr B said in his complaint and background information provided by the Council.

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What I found

4. The Council believes Mr B has obstructed land next to his home which is part of the highway. The Council has served a Notice on Mr B under Section 143 of the Highways Act 1980. The Notice requires Mr B to remove the fence and other structures from the highway although it has extended the period by which he must do this pending our consideration of his complaint.
5. If Mr B does not comply with the Notice, the Council can remove the structures and recover its reasonable costs from Mr B. Should this happen and Mr B does not pay its costs, the Council can take court action to recover these. Mr B will be able to put to the court any argument about why he should not have to pay.

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Final decision

6. I have decided we will not investigate this complaint. This is because the Council is entitled to serve the Notice on Mr B and, if he does not comply, he can argue his case in court. The courts are better placed to decide such matters.

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Investigator's decision on behalf of the Ombudsman