Summary: We will not investigate this complaint about the Council’s decision that land built upon by Mr X forms part of the public highway. This is because the complaint is a late complaint and so falls outside our jurisdiction.

The complaint

1. Mr X complains the Council has acted with fault in telling him that land he has built on forms part of the public highway. He says he has evidence the land is on his private property and has never had public highway status.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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))

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How I considered this complaint

5. I considered information provided by the complainant and the Council, including its response to the complaint.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In 2019 the Council wrote to Mr X to advise that following research carried out on Highway status maps in his area, it had noticed the wall and gates to the front of his property had been built on land with public highway status. It confirmed it was not seeking the removal of the wall and gates at that time but that it has raised the issue to assist him for any future conveyance for the property and to prevent legal complications at a later date.
8. In the following years Mr X has challenged the Council’s position. In 2023 it addressed his latest complaint under its complaints procedure. It set out its position and addressed the points raised by Mr X but it did not uphold his complaint and it did not change its view that the land is public highway.
9. The restriction highlighted at paragraph 2 applies to Mr X’s complaint. He knew of the matter of which he complains in 2019 and as we would reasonably have expected him to have complained to us sooner, the complaint falls outside our jurisdiction and will not be pursued.
10. Moreover, even if an earlier complaint had been submitted, it is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question the merits of decisions properly made by councils and here, ultimately, any ongoing legal dispute about the matter would be for the courts to determine.
11. Mr X says he has evidence to refute the Council’s position and, as he has already been advised, it is open to him to submit an application to vary the highway record.

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Final decision

12. We will not investigate Mr X’s complaint because the complaint is a late complaint and so falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman