Summary: We will not investigate this complaint as this is a dispute about legal rights over land and it would be more appropriate for this to be resolved in court.

The complaint

1. Mr X complains the Council has blocked his access to land at the rear of his property. Mr X says that he has had access to this land for over 20 years and he understood that he had a legal right to do so.
2. Mr X says the Council’s actions have caused him and his wife significant distress.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

7. The Ombudsman cannot resolve disputes about access and land rights in the absence of evidence showing that such rights exist. These are legal matters which can only be resolved through the courts. If Mr X believes he has established a right of way over the land or has pre-existing rights over the land he may wish to seek legal advice.

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Final decision

8. We will not investigate this complaint. This is because we cannot resolve the dispute between Mr X and the Council regarding his rights over land at the rear of his property.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman