The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s application to the Land Registry concerning land which Mr X says falls under his ownership. This is because the complaint falls outside our jurisdiction as it is a late complaint and because Mr X has a right of appeal to the courts if he wants to challenge the Council’s position.
The complaint
Mr X complains the Council submitted a fraudulent application to the Land Registry in 2018 concerning land which he says covers land under his ownership. He says the Council has removed a hedge from this area of land which has led to damage to his garage and a loss of visual amenity for which he wants compensation.
The Ombudsman’s role and powers
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) 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
The restrictions highlighted at paragraphs 3 and 4 apply to Mr X’s complaint.
He has known about the matters of which he complains since 2018 and it is too late now for the complaint to be investigated as we would reasonably have expected him to have complained to us sooner.
Moreover, if Mr X wishes to challenge the Council’s position on land ownership, he can appeal to the courts to determine the matter. As he has this alternative remedy which we would reasonably expect him to use, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Mr X’s complaint because the complaint falls outside our jurisdiction as it is a late complaint and because Mr X has a right of appeal to the courts if he wants to challenge the Council’s position.
Investigator's decision on behalf of the Ombudsman