The Ombudsman's final decision
Summary: We will not investigate this complaint about compensation paid under the Land Compensation Act 1973 as Mrs X had the right to have the dispute determined by an independent tribunal.
The complaint
Mrs X complains about the level of interest included in a compensation payment offered to her by the Council for impact on her property from road construction. Mrs X wants a higher rate of interest to be used for the compensation calculation.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Land Compensation Act 1973 provides that such disputes are to be determined by the Upper Tribunal (Lands Chamber). As this is the procedure provided in law, and as we are not empowered to determine such matters, it is reasonable to expect Mrs X to have taken her case to the Tribunal. As such we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because she had the right to have the dispute determined by an independent tribunal.
Investigator's decision on behalf of the Ombudsman