The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about access over land sold by the Council in 2003. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X complained about the Council selling a neighbouring property under the Right to Buy process in 2003 which included land over which he had access to the rear of his property. He says he has been unable to carry out maintenance work on the back of his house for the past four years due to his neighbour restricting his access.
The Ombudsman’s role and powers
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) 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council sold a property to his neighbour which included land over which he needs access to maintain the back of his house. He says for the last four years his neighbour has denied him access and has made threats if he tries to use it. He believes the Council is at fault for selling the access land.
The Council told Mr X that the slae took place in 2003 and the conveyance included protection of his rights over the land to access his home. It says the dispute over the access is not a matter which it can resolve because both Mr X and his neighbour are private householders. The access was not removed as part of the sale and if the neighbour has recently obstructed Mr X, then he should seek legal advice to enforce his rights of access.
We will not exercise discretion to investigate Mr X’s complaint. He has stated that his access has been denied for four years and he did not complain to us within 12 months. We would not be able to consider the details of the conveyance which relate to a private transaction conducted 19 years ago. There is no evidence to suggest that Mr X could not have complained to us sooner.
Final decision
We will not exercise discretion to investigate this complaint about access over land sold by the Council in 2003. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman