Summary: Mrs X complains the Council is denying ownership of a piece of land where she fell. We will not investigate as it is unlikely we will find fault by the Council or that we can add to what the Council has already told Mrs X.

The complaint

1. Mrs X complains the Council is denying ownership of a piece of land where she fell. Mrs X seeks compensation for the injuries she sustained but does not know who owns the land.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault, or it is unlikely further investigation will lead to a different outcome, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I have considered what Mrs X said in her complaint and I have sent her my draft decision on it for her comments.

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What I found

5. Mrs X fell on an even piece of land and sustained injuries, which she seeks compensation for. Mrs X complains that the Council says it does not own the land and that it has given her inaccurate information about its ownership.
6. The Council has checked its records and told Mrs X it is not responsible for the land. It says the land could be privately owned or owned by a neighbouring council. It has advised Mrs X that the Land Registry may be able to help in identifying the owner.

Analysis

7. There is no indication the Council is at fault in what it has told Mrs X. It does not own the land and has suggested ownership scenarios and also given advice to Mrs X as to which body may be able to help.
8. We cannot add to what the Council has already told Mrs X or determine who owns the land. We will not therefore investigate.

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Final decision

9. My decision is that the Ombudsman should not investigate this complaint. This is because there is no indication of fault by the Council and we cannot add to what the Council has already said.

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Investigator's decision on behalf of the Ombudsman