The Ombudsman's final decision
Summary: I have not investigated Mr B’s complaint that the Council has failed to determine his claim for compensation following a compulsory purchase order that affects him. Mr B has the right to seek a remedy in the Upper Tribunal and it is reasonable to expect him to use that right.
The complaint
Mr B complains that the Council has taken too long to deal with his claim for compensation for the impact on him of a new major highway. Mr B also complains that the Council has not communicated with him properly about this.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered the information provided by Mr B, including his correspondence with the Council and discussed the issues with him. I considered the relevant law and guidance. Both parties had the opportunity to comment on a draft of this statement and I considered their comments before issuing a final decision.
What I found
Mr B lives on the route of a new major highway. The highway was constructed following a compulsory purchase order which was confirmed by the Secretary of State in 2011. It was opened for use in 2015. Mr B did not have land acquired under the compulsory purchase order, but he says the new road is very noisy and has impacted on him and the value of his home.
The Land Compensation Act allows people to make a claim against a council where they are affected by the implementation of a compulsory purchase order. He or the Council can refer a dispute about the settlement of the claim to the Upper Tribunal for determination.
Mr B has the right to seek a remedy from the tribunal. He is concerned that it would cost him to refer the matter to the Tribunal and that he would be one individual against the Council, a large organisation with greater resources than him. However, Parliament set up a specific right of appeal to the Tribunal. It can determine the claim, whereas the Ombudsman cannot. As such, I have decided not to investigate the complaint because it would be reasonable to expect Mr B to appeal to the Upper Tribunal.
Final decision
I have not investigated this complaint. It is not within the Ombudsman’s remit because Mr B has the right to a remedy from a tribunal, and it is reasonable to expect him to use that right.
Investigator's decision on behalf of the Ombudsman