The Ombudsman's final decision
Summary: Mrs D says the Council failed to tell her about a land sale resulting in her losing full access to a right of way. The Ombudsman has discontinued the investigation because he cannot achieve the outcomes sought by Mrs D.
The complaint
The complainant (whom I refer to as Mrs D) says the Council failed to consult her when selling land near her home. She complains the new land owner has erected a structure which restricts vehicle access to ger property.
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 decide: we cannot achieve the outcome someone wants, or it would be reasonable for the person to pursue their case through the courts.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered the information provided by Mrs D.
I shared my draft decision with both parties.
What I found
The Council sold land next to Mrs D’s home and failed to consult her. The land owner erected a structure which Mrs D says restricts vehicular access to her home. She wants the Ombudsman to tell the owner to change the access or for the Council to cancel the sale of the land. In addition, she refers to legal fees she has incurred.
I do not see this is a case we can pursue further because we cannot achieve the redress sought by Mrs D. The Ombudsman has no remit over the actions of the land owner and so cannot instruct them to alter any access points. In addition we cannot instruct the Council to cancel or reverse a land sale. Finally, Mrs D is seeking significant financial redress. Where the claimed injustice is a large financial sum, the Ombudsman considers it appropriate for such cases to be addressed through court action rather than his service. In view of this I have discontinued the investigation and closed the complaint.
Final decision
I have discontinued the investigation.
Investigator's decision on behalf of the Ombudsman