Summary: We will not investigate this complaint about highway access because it is reasonable to expect Mrs Y to go to court about the matter, who are better placed to consider the complaint.

The complaint

1. Mrs Y complains the Council has altered her right to park on and use a road and blocked an access to her garden which she has been using for approximately 40 years. She also complains the Council has claimed her garden wall belongs to the Council, when she says it belongs to her.
2. Mrs Y says the issue has caused problems for her being able to park and access her property.

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The Ombudsman’s role and powers

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)
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 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

5. I considered information Mrs Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mrs Y’s complaint involves what rights she has over land and property, where Mrs Y says she has rights to access the land, or that she owns the wall, but the Council disagree. This is a legal issue which we do not have the power to decide. The courts however can decide who has rights over land and who does not. Mrs Y may therefore wish to seek independent legal advice about the matter and consider, if she wants to pursue the matter, going to court.
7. There might be some cost to court action. However, that does not mean it is unreasonable to take court action. There is often financial assistance to those of a low income from HM Courts and Tribunal Service. Also, reasonable adjustments can be made for access to the service if necessary. It is therefore reasonable for Mrs Y to be expected to use her right to go to court about this matter and the court is better placed than the Ombudsman to consider the issue. We will therefore not investigate.

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Final decision

8. We will not investigate Mrs Y’s complaint because it is reasonable to expect Mrs Y to go to court about the matter, who are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman