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

The complaint

1. Mr Y complained the Council allowed the property opposite his garage to put up scaffolding which restricted access to his garage. He says this then resulted in the highway being narrowed and a refuse collection vehicle becoming stuck.
2. Mr Y says this caused damage to the tarmacked entrance of his property. He says he has had to pay a higher premium on his car insurance to keep his car parked as well as inconvenience.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with 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))

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y’s complaint is that the Council’s actions, in approving the scaffolding and the driving of it’s refuse collection vehicle, have caused damage to his property, and restricted his access rights to his garage. There is also a potential land boundary dispute as the correspondence shows the Council’s view that Mr Y only owns the skirt of his garage, compared with Mr Y’s view that he owns the land up to the roadway.
6. The legislation our power comes from restricts what issues we can investigate. We cannot determine negligence or liability claims about damage to property or claims about land ownership or restriction of land rights. These are all issues which are more appropriately dealt with by the courts, which can decide these issues and award damages if necessary. Consequently, we will not investigate.

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Final decision

7. We will not investigate Mr 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