Summary: We will not investigate this complaint about the Council’s failure to investigate Mrs X’s concerns about highway land next to her property. The complaint is late, and we have seen no reason to exercise discretion and investigate now.

The complaint

1. Mrs X complains the Council failed to investigate or provide information about her highway concerns. She says this caused her unnecessary stress and financial loss. She wants an apology and compensation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Several years ago, Mrs X made enquiries about a ditch on her boundary. The Council provided information. Mrs X says the information she received was conflicting and she made further enquiries.
7. In 2023 the Council inspected the site and confirmed the existence of a ditch on the site. It also advised

“where there is a roadside ditch or pond, that ditch or pond (even if it has been piped or infilled) would not in the majority of circumstances form part of the highway. Often, roadside ditches, which are apparent on the ground are not indicated on the Ordnance Survey Mapping. It is advised that further clarification in this regard is sought where the boundary could be affected by the presence of an historic ditch as this may be crucial when determining available land for highway works, visibility, and the placement of boundary features such as fences, walls, or hedges.”

8. The Council also says Mrs X’s consultant informed officers that they make an application to stop up the highway under Section 116/117 of The Highways Act 1980. However, the Council did not receive an application.
9. The Council told Mrs X in 2023 that land to the rear of an existing ditch on the ground would not be subject to public highway rights, therefore no stopping up order would be required for the land in question.
10. We will not investigate Mrs X’s complaint because it lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mrs X was clearly aware of the matter some years ago, and I see no good reasons to exercise discretion to consider it now.

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Final decision

11. We will not investigate Mrs X’s complaint. It is late and I see no good reasons to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman