The Ombudsman's final decision
Summary: We will not investigate this complaint about a right of way as the courts are better placed to consider the issues complained about.
The complaint
Mrs Y complained the Council has failed to resolve an access dispute before selling the adjoining council property.
Mrs Y has said this has led to a breakdown in the relationship with the neighbours who have been trespassing on her land. Mrs Y says this has caused her and her husband distress and worry and they have sought advice from a solicitor costing them over £4,000.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council previously owned the property which adjoins Mrs Y’s home. The Council then sold the property to a third party, who is now Mrs Y’s neighbour. The route of an access to a footpath have been in dispute. This has resulting in allegations of trespass onto Mrs Y’s property by the neighbour.
Mrs Y believes the Council should have resolved the access dispute before it sold the adjoining property. She says as a result she spent over £4,000 on legal fees so far, without a resolution to the issue, which she considers the Council’s responsibility to refund her for. This would be a potential negligence claim for damages.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for legal advice, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.
Final decision
We will not investigate Mrs Y’s complaint because the courts are better placed to consider the issues complained about.
Investigator's decision on behalf of the Ombudsman