The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to review plans it received from a developer and on which its legal agreement including road adoption is based. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the Council’s actions. The Council is entitled to rely on the plans provided by the developer. If the developer gave Ms X and the Land Registry different information, this is a matter between Ms X and the developer who sold her the property.
The complaint
Ms X lives on a relatively new housing estate. She complains the plans on which the Council’s legal highway agreement for estate is based are incorrect. She says the plans lodged with the Land Registry and given to each house buyer on the estate are different to those held by the Council.
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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and by the Council and the Ombudsman’s Assessment Code.
Final decision
We will not investigate Ms X’s complaint . If Ms X considers she and the Land Registry were given different information by the developer this is a matter between her and the developer, and it is for her to seek her own legal advice.
Investigator's decision on behalf of the Ombudsman