The Ombudsman's final decision
Summary: We will not investigate this complaint about the compulsory purchase of Mr X’s land for the building of a cycle lane and a subsequent dispute between him and the Council about liability for various issues, including a fence, drainage and a tree. This is because these matters fall outside our jurisdiction due to the passage of time and because it will be for the courts to determine liability under the agreement made between Mr X and the Council.
The complaint
Mr X says his land was compulsory purchased to enable the building of a cycle lane. He says this included the erection of a fence which he is not happy with and an increase in water ingress which has affected some surrounding properties and for which he fears he may be left liable.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 has done. (Local Government Act 1974, sections 26B and 34D, as amended) We investigate 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 continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
I gave the complainant the opportunity to comment on my draft decision and considered what he said.
My assessment
In 2019 land Mr X owned was compulsory purchased to allow for the building of a cycle lane. Mr X says he has no issues with the building of the cycle lane but is concerned that he is not caused any stress or worry from the development.
Mr X complained to the Council recently about a number of issues relating to the land purchase and cycle lane which it has addressed. It confirmed it would be removing any safety fencing left by its contractors and directed Mr X to his land agent if he had any issues relating to the scheme he wanted to raise.
The restriction highlighted at paragraph 3 applies to matters relating to the compulsory purchase and cycle lane. The purchase took place a number of years ago and the scheme has been completed and it is too late for us to consider these matters now. The Council has directed Mr X to the appropriate contact if he has any further issues he wants addressing.
The Council responded appropriately to Mr X’s recent complaint and there is no evidence to suggest fault by the Council has caused Mr X injustice.
In responding to my draft decision Mr X referred to the agreement he signed with the Council in relation to the compulsory purchase and cycle lane and said that there are various issues, including a fence, drainage and a tree, which the Council says he is liable for but which he believes the agreement makes clear the Council is liable for. This is a legal dispute which would be for the courts and not the Ombudsman to determine and we will not investigate this matter.
Final decision
We will not investigate this complaint. This is because these matters fall outside our jurisdiction due to the passage of time and because it will be for the courts to determine liability under the agreement made between Mr X and the Council.
Investigator's decision on behalf of the Ombudsman