Summary: We will not investigate this complaint which is a dispute about highway boundaries. We cannot achieve the outcome the complainant is seeking. This is a matter which can only be determined by the courts or the statutory modification procedure.

The complaint

1. The complainant, I shall call Mr X, says the Council adopted part of his property as highways land without evidence of public use. He wants his land reclassified as private property.

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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:
• we cannot achieve the outcome someone wants, or

• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains the Council’s claim of the extent of the public highway over his land is incorrect. He says evidence shows the land is his private property.
7. The Council says the area is part of the highway due to public rights to pass and repass.
8. The Ombudsman cannot determine highway boundaries or land ownership. The Council has a duty to protect the public highway and it is the authority which decides the extent of highway boundaries.
9. The Council has explained why it considers the land to be part of the highway. If Mr X wishes to challenge the highway authority’s views, then he would need to take legal advice with a view to obtaining a court decision or seek to extinguish the rights claimed by the authority. He could use the evidence which he says he has obtained to support his claim that the claim of highway rights is incorrect.

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Final decision

10. We will not investigate Mr X’s complaint because we cannot determine the highway boundary as this is a matter for the court. And we cannot achieve the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman