Summary: The Ombudsman will not investigate Mrs B’s complaint about the way the Council dealt with her compensation claim. This is because the Upper Tribunal is the appropriate body to consider Mrs B’s claim and we would not consider a complaint about delay by a council dealing with a compensation claim if we are not considering the claim itself.

The complaint

1. The complainant, whom I shall call Mrs B, complained about the way the Council dealt with her claim for compensation for the effect on her life and the value of her property as a result of its closure of a pedestrian crossing close to her home.

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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 can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I have considered the information Mrs B provided and given her an opportunity to comment on my draft decision.

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What I found

5. Mrs B first made her claim to the Council in December 2015. It was not until August 2019 that the Council told her it would not pay compensation. The Council told Mrs B another claimant had applied to the Upper Tribunal (Lands Chamber) but had subsequently decided not to pursue his claim. The Council asked Mrs B to let it know if she proposed making a claim to the Upper Tribunal.
6. Mrs B feels the Council has grasped the actions of the other claimant to avoid paying her compensation.
7. One of the roles of the Upper Tribunal (Lands Chamber) is to consider applications for compensation for the effect on land affected by public works. Liability for compensation is a legal matter. The Upper Tribunal is the appropriate body to consider Mrs B’s claim if she wishes to pursue the matter. We would not consider a complaint about delay by a council dealing with a compensation claim when we are not considering the claim itself.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because the Upper Tribunal is the appropriate body to consider Mrs B’s claim and we would not consider a complaint about delay by a council dealing with a compensation claim when we are not considering the claim itself.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman