Norfolk County Council (21 010 246)

Category : Transport and highways > Traffic management

Decision : Closed after initial enquiries

Decision date : 04 Jan 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about compensation under the Land Compensation Act 1973. The complainant has a right of appeal to a tribunal.

The complaint

  1. The complainant, who I refer to here as Mrs Y, has complained she has not received compensation following the construction of a new road. She had previously complained to us about the new road and says we recommended the Council pays her compensation.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)
  3. We cannot investigate a complaint when someone has appealed to a tribunal; we have no discretion in this. The courts have decided this restriction applies even if the appeal could not provide a remedy for all the claimed injustice. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

  1. I considered information provided by Mrs Y and the Council.

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My assessment

  1. We previously considered a complaint about the impact of the new road on Mrs Y and will not do so again now.
  2. In closing Mrs Y’s earlier complaint, we recommended the Council make some procedural changes. We did not recommend the Council pay Mrs Y compensation but we did advise her of the existence of the Land Compensation Act 1973 as a statutory route for seeking compensation.
  3. It appears Mrs Y took action under the 1973 Act. If she is unhappy with the outcome, she has a right of appeal to the Upper Tribunal Land Chamber. I see no reason she should not do this, if she has not already done so.

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Final decision

  1. We will not investigate Mrs Y’s complaint because there is a statutory route for seeking compensation and a right of appeal to a tribunal if she is unhappy with the outcome.

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Investigator's decision on behalf of the Ombudsman

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