Summary: We will not investigate X’s complaint about a dispute with the Council over where a piece of land is adopted highway. We cannot adjudicate on land ownership, which is a matter best dealt with by the courts.

The complaint

1. X complains about a dispute over whether a piece of land near their parents’ home is adopted highway. X also complains that the Council has failed to provide them with information relevant to the dispute and how it dealt with their complaint about these matters.

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The Ombudsman’s role and powers

2. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), section 34(B))
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate the issue of land ownership. We cannot adjudicate on disputed land ownership as this is a matter for the courts. It is therefore reasonable for X to use their right of appeal to the courts over this matter.
8. If X feels that the Council is withholding relevant information relating to the land ownership, then it would be reasonable for them to raise this with the Information Commissioner’s office (ICO).
9. I will not investigate how the Council has dealt with X’s complaint about these matters. It is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.

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Final decision

10. We will not investigate X’s complaint because the courts are better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman