Summary: We will not investigate Mrs X’s complaint about a dispute with the Council over whether a piece of land is adopted highway. We cannot adjudicate on landownership which is a matter for the courts.

The complaint

1. Mrs X complained the Council claimed that private land formed part of the adopted highway and erected a no parking sign on her land. She said she is now unable to park near the property, and it has negatively impacted the potential sale of the property. She would like the Council to acknowledge that the land in question is private and not adopted highway and remove the no parking sign.

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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. 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

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained the Council erected a no parking sign on her land. In its complaint response, the Council said the sign is on an adopted highway.
7. The Ombudsman cannot adjudicate on disputed landownership as this is a matter for the courts.
8. It is for Mrs X to ask the court to decide whether the sign is on adopted highway, or her private land.
9. As it is reasonable for the Ombudsman to expect her to use this alternative remedy, and as we cannot determine land ownership, the complaint falls outside of our jurisdiction.

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Final decision

10. We will not investigate Mrs X’s complaint because we cannot determine disputes of landownership which is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman