Summary: We will not investigate this complaint about rights of way because the court is better placed to deal with the complaint and it is reasonable to expect Mr Y to go to court about the matter.

The complaint

1. Mr Y complained the Council has refused to give back a road and a garage, which he says he acquired through adverse possession.
2. Mr Y says he has lost access to the road and the garages on the road and has experienced upset.

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The Ombudsman’s role and powers

3. 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)
4. 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

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

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My assessment

6. Mr Y has complained the Council has taken the land next to his property, on which there is access to several garages. He says he has acquired the land through an implied easement due to his usage over time. This is often called adverse possession.
7. Mr Y is seeking to assert his right over the land and have the Council return access to the land to him. This is a legal matter involving land law, which we do not have the power to decide upon. The courts do however have the power to decide who owns land or what rights a person may have over land. Consequently, it is better placed than us to consider the complaint. Further the court can make reasonable adjustments if needed and while there may be a cost to Mr Y in going to court about the matter, it is reasonable to expect him to do this if he wishes to pursue the matter. Consequently, we will not investigate this complaint.

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Final decision

8. We will not investigate Mr Y’s complaint because the court is better placed to deal with the complaint and it is reasonable to expect Mr Y to go to court about the matter.

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Investigator's decision on behalf of the Ombudsman