The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance because the courts are better placed to deal with the complaint.
The complaint
Mr Y complained the Council wrongly came onto his land without his permission, dug up the land and has now returned the land to him with a new surface which he considers is inferior.
Mr Y says his land has been damaged and he has been denied possession of his own land.
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 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y has complained that the Council’s actions deprived of his land and it has been damaged. He is seeking that the Council pay him and agree to maintain the driveway for the next twenty-five years because of its actions.
The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We also cannot determine disputes about land or liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to Mr Y’s driveway, or dispute over the entry of land or its use, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue his claim through either the Council’s insurer if he wishes to seek such payment or the courts. We will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because the courts are better placed to deal with the complaint.
Investigator's decision on behalf of the Ombudsman