The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to provide adequate proof that an area of land adjacent to Ms X’s property has Highway Rights. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Ms X, complains the Council forced her to remove fencing she had erected around an area of land adjacent to her property which she had maintained for a number of years. She says it has failed to provide her with adequate proof that the land has “Highway Rights”.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X, including the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council sent Ms X a formal notice to remove fencing she had erected around land which it described as having Highway Rights and which it is illegal to fence.
Ms X sought proof from the Council to support its position which the Council sent her.
The Council responded at some length over a period of a year to Ms X’s queries about the matter and as an investigation by the Ombudsman is unlikely to find evidence of fault by the Council, we will not investigate the complaint.
If Ms X remains dissatisfied with the evidence the Council has provided, it is open to her to seek legal advice and pursue the matter through the courts.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman