The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s actions relating to land ownership. Mr X has an alternative legal remedy and under the circumstances of his claim, it would be reasonable to expect him to use this alternative remedy.
The complaint
Mr X complained the Council caused a land ownership dispute between he and another party. Mr X believes he is now at a financial loss because he has had to resolve this dispute at a Tribunal, including legal costs. He also said he has been unable to build on the land, he believes to be his, thereby causing a loss of earnings. Mr X wanted the Council to compensate him for his losses.
The Ombudsman’s role and powers
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained after the Council sent an incorrect report to the other party involved in his dispute. The Council subsequently acknowledged the error and got in touch with the other party. Mr X said he has incurred significant financial loss, including future earnings.
We will not investigate this matter, because we cannot determine liability for economic loss, nor can we award compensation. These actions are something that only the courts can do, if no insurance liability is accepted by the Council’s insurers.
Because of these factors, it would be reasonable for Mr X to pursue his claim through the Council insurers, or the courts if necessary.
Final decision
We will not investigate Mr X’s complaint because he has an alternative legal remedy through the courts, and it would be reasonable for him to use that alternative remedy.
Investigator's decision on behalf of the Ombudsman