The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in resolving issues relating to a highway improvement scheme and a Compulsory Purchase Order. It is reasonable to expect the complainant to refer the matter to the Upper Tribunal.
The complaint
Mr X complains the Council has failed to resolve issues on rights of way, easements and payment of legal costs following a compulsory purchase order.
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)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court.
(Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X wants the Council to reimburse him for his legal costs and resolve the right of way and easement issues.
The Council confirms it is following the legal process to resolve the complex legal issues arising from a main A-road improvement scheme and associated Compulsory Purchase Orders.
The Land Compensation Act allows people to make a claim against a council where they are affected by the implementation of a compulsory purchase order. Mr X or the Council can refer a dispute about the settlement of the claim to the Upper Tribunal for determination.
Mr X has the right to seek a remedy from the tribunal. Parliament set up a specific right of appeal to the Tribunal. It can determine the claim, whereas the Ombudsman cannot. Therefore, I have decided not to investigate the complaint because it would be reasonable to expect Mr X to exercise his right to appeal.
Final decision
We will not investigate because Mr X has the right to seek a remedy from a tribunal, and it is reasonable to expect him to use that right.
Investigator's decision on behalf of the Ombudsman