Summary: Mr X complained about the Council refusing to maintain land which is overgrown and which he says should have been adopted with the public highway. The Ombudsman should not exercise his discretion investigate this complaint which has been made outside the normal 12-month period. This is because his complaint concerns the maintenance of private land which the Ombudsman cannot investigate.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council refusing to maintain an area of land on his estate which contains overgrown trees and shrubs. He says the site is an eyesore and affects the value of nearby housing. He wants the Council to maintain the land which it did in the past until it discovered that the developer still owned it.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has commented on the draft decision.

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What I found

4. Mr X says the Council stopped maintaining land near his home in 2015. He complained about the overgrown trees and it informed him that the plans for the estate and the highway adoption agreement did not include this land. Previously the Council had maintained the land erroneously but after updating and digitising its land database this is no longer the case. The developer retains responsibility for the site and the Council will not continue to maintain it at public expense.
5. Mr X made a formal complaint and in August 2018 the Council advised him to complain to the Ombudsman. He did not do so until June 2020, which is outside the normal 12-month period for accepting complaints. The Ombudsman will not exercise his discretion to consider the matter now. This is because the ownership of the land is a legal matter. The Council’s plans show that it was not included in the adoption agreement and the developer still owns the land unless he can prove that the Council adopted it. Mr X would have to take up any private nuisance matters with the landowner, not the highway authority.

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Final decision

6. The Ombudsman should not exercise his discretion investigate this complaint which has been made outside the normal 12-month period. This is because his complaint concerns the maintenance of private land which the Ombudsman cannot investigate.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman