The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to prevent vehicle access to a private lane which is a right of way. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X complained about the Council’s failure to prevent a private lane from being used as a public highway when there are only limited vehicle rights. He says the Council discouraged the Police to carry out enforcement on the lane.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a @council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council has failed to prevent cars from driving over a town centre lane which only has vehicle access rights for frontagers. He says the lane is only a public footpath and by not restricting vehicle use the Council is encouraging motorists to break the highway law and endanger pedestrians.
Mr X does not live in the area and there is no injustice to him. The owners of property on part of the lane made complaints about the matter to the Council as long ago as 2015 and took legal advice. The Council is not the highway authority and its role is limited to being owner of part of the lane where it joins the main street. The Council told the owners that it does not wish to place restrictions on its end of the lane because other owners have expressed a need to have access over its land.
The owners have been aware of the situation concerning access for a number of years and not submit his complaint within 12 months of when the matter came to their knowledge. There is no evidence to suggest that they could not have complained to us sooner.
Final decision
We will not investigate
Investigator's decision on behalf of the Ombudsman