The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to charge Mr X for an easement over its land. This is because there is no evidence of fault by the Council.
The complaint
Mr X says the Council wants to charge him a significant amount of money for an easement over its land. Mr X says the Council has previously granted easements to his neighbours for free.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The 1972 Local Government Act says councils must not dispose of land for “less than the best that can be reasonably obtained”. This includes granting an easement over land it owns. The law says councils must obtain permission from the Secretary of State if they want to dispose of land for a lesser amount.
There is no evidence of fault in the Council charging Mr X for the easement nor asking him to cover its legal fees. Granting an easement involves drafting of relevant legal documents to show that Mr X would have rights over the Council’s land.
Whether or not the Council have granted easements to Mr X’s neighbours for a lower amount in the past does not change my view that there is no fault in how the Council has considered Mr X’s request for an easement.
Final decision
We will not investigate Mr X’s complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman