Royal Borough of Kingston upon Thames (23 003 572)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s charges for maintenance works to a private road. It is reasonable for Mr X to challenge the Council’s interpretation of the local laws relating to his property in the courts which are better placed to determine legal liability.
The complaint
- Mr X complained about the amount charged by the Council for the maintenance of a private road where he lives. He believes the charge is disproportionate and that the Council should be charging the management company as frontagers of the building for the annual charge.
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 the information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X is the leaseholder of a flat where the road on the estate where he lives is a private road subject to an annual maintenance charge by the Council. He believes the charge for residents is disproportionate and that the Council should invoice the management company which owns the freehold.
- The Council sought legal advice on Mr X’s complaint and wrote to him confirming that it is charging the appropriate amount for frontagers and scheduled premises residents. The Council has held reviews of the Act which applies to the private road and the Residents Association which represents the charge payers.
- This is a private matter between the residents of the premises in question and the Council. Mr X will need to seek legal advice if he wants to challenge the Council’s apportionment of the charge between the residents.
Final decision
- We will not investigate this complaint about the Council’s charges for maintenance works to a private road. It is reasonable for Mr X to challenge the Council’s interpretation of the local laws relating to his property in the courts which are better placed to determine legal liability.
Investigator's decision on behalf of the Ombudsman