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
- 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.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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)
How I considered this complaint
- I considered information provided by Mrs Y and the Council.
My assessment
- We previously considered a complaint about the impact of the new road on Mrs Y and will not do so again now.
- 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.
- 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.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman