Summary: We will not investigate this complaint about an entry in the common land register maintained by the Council. The amendment the complainant seeks could be only be made by following a procedure set out in legislation.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council has wrongly entered his private land as common land in the register it maintains. He says the Council should correct the register.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Mr B said in his complaint and background information provided by the Council. I have also seen the relevant legislation.

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What I found

4. The Council maintains a register of common land under the Commons Act 2006. This Act and the Commons Registration (England) Regulations 2014 set out the procedures for amending the register.
5. The Council has correctly advised Mr B about the procedures for amending the register. Any amendments can only be made by using these procedures.

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Final decision

6. I have decided we will not investigate this complaint because we cannot achieve the outcome Mr B wants.

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Investigator's decision on behalf of the Ombudsman