The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council has refused her claim for compensation after a new road devalued her home. This is because it is reasonable for Mrs X to use her right of appeal to a tribunal.
The complaint
Mrs X complains that the Council has refused her claim for compensation after a road was built near her home. Mrs X seeks compensation for the road decreasing the value of her home.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X’s claim, made under the Land Compensation Act 1973 (‘the Act’), is that the Council’s highway scheme negatively affects the value of her property. Where a dispute arises from a claim made under the Act, it provides an appeal right to claimants at the Upper Tier Tribunal (‘the Tribunal’). This provides an alternative route for a remedy for claimants using the Act.
I will not investigate Mrs X’s complaint because it is reasonable for her to use her right of appeal to the Tribunal. Only the Tribunal can order the Council to pay her the compensation she seeks.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable for her to use her right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman