Summary: We will not investigate this complaint about the Council’s secondary involvement in a dispute over private property and public highway rights because we cannot achieve the result Mr B wants.

The complaint

1. Mr B complains about the Council’s involvement in maters relating to a dispute over boundaries, private property rights and competing public highways rights between him and the County Council.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr B has complained to us separately about the County Council and we have decided not to investigate. Any involvement this Council had in the events leading to both complaints was secondary and did not materially affect the underlying dispute.
6. Mr B will need to approach the courts to decide the dispute between him and the County Council, so we cannot achieve anything for him by investigating this Council.

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Final decision

7. We will not investigate Mr B’s complaint because we cannot achieve anything for him in the underlying dispute over private property and public highway rights.

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Investigator's decision on behalf of the Ombudsman