Summary: Mrs D complains on behalf of the Housing Management Company for her estate. She says the Council failed to register a public right of way which has caused significant issues for residents. The Ombudsman has discontinued the case because it has not been formally considered by the Council.

The complaint

1. The complainant (whom I refer to as Mrs D) complains on behalf of her Housing Management Company about a public right of way.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. The law says we cannot normally investigate a complaint unless we are satisfied the Council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))

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How I considered this complaint

4. I have considered the information supplied by Mrs D and spoken to the Council. I shared my draft decision with both parties.

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What I found

5. Mrs D complains on behalf of her Housing Management Company. She has had contact with the Council about the public right of way and has referenced the Housing Management Company, however her formal complaint to the Council in 2019 was in her name not on behalf of the Company. As such the Council has not had an opportunity to formally consider a complaint from those complainants.
6. I have advised Mrs D that a complaint would need to be made to the Council’s complaints team with signed consent from the Members of the Housing Management Company. Once the Council’s complaint process is complete, she still has the option to pursue her case with the Ombudsman.

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Final decision

7. I have discontinued the investigation.

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Investigator's decision on behalf of the Ombudsman