The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint that a neighbour has for many years blocked a shared drive with a vehicle which prevents her from using the drive. The Council’s offer of mediation is a reasonable way forward. Ms X complains late about earlier years.
The complaint
Ms X complains the Council some years ago gave permission for a neighbour to put a car on their shared drive around the time of her purchase of the property via right to buy. Ms X says the neighbour has acted unreasonably by blocking the drive. Ms X cannot park her vehicle on it and accessing her home for large deliveries is difficult. Ms X says the neighbour’s car is decaying, mouldy, and has had rats in it. She says the neighbour does not drive. Ms X wants the Council to make the neighbour remove the car or move it further along the drive so she can also use it.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we are satisfied with the Council’s actions or proposed actions.
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) (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered Ms X’s information and comments and discussed the complaint with her by telephone.
My assessment
I will not investigate this complaint for the following reasons: The Council has suggested an appropriate way forward which is mediation. Ms X has indicated a possible solution to the problem and this is something the Council could explore. If that does not resolve the problem the Council could consider what it can do given it owns the land.
The period before May 2021 is outside the Ombudsman’s jurisdiction because Ms X complains late and outside the permitted period of 12 months (see paragraph 3 and 4). I consider Ms X could have complained sooner.
The Council says the driveway is shared and that it did not give either neighbour exclusive use when they exercised their right to buy. If Ms X wishes to dispute the terms of the right to buy, or disagrees with the Council’s view, she may consider her legal remedies either against the Council or the neighbour. The Ombudsman cannot decide legal rights over land.
Final decision
The Ombudsman will not investigate Ms X’s complaint that a neighbour has for many years blocked a shared drive with a vehicle which prevents her from using the drive. The Council’s offer of mediation is a reasonable way forward. Ms X complains late about earlier years.
Investigator's decision on behalf of the Ombudsman