Summary: We will not investigate this complaint about the Council’s decision to locate a speed restriction sign that encroaches onto Mr X’s property. There is no worthwhile outcome we can achieve as only the courts can make a judgement on trespass and direct the Council to act.

The complaint

1. Mr X complained to the Council about its decision to place a speed restriction sign on a lamppost on his road. Mr said it was unnecessary, restricts his view and encroaches onto his property boundary. Mr X wants the Council to move the sign.

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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 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 continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X complained after the Council placed a sign near his property. In his complaint to the Council, he said it was not necessary, and it substantially interferes with his enjoyment of his property.
7. Mr X also said the location of the sign amounted to airspace invasion, because it encroached over his property boundary.
8. We will not investigate this complaint. Mr X is making a complaint that the Council is trespassing, and he wants the Council to move the sign. We cannot make this determination, only a court can decide this and direct the Council to act. It would be reasonable to expect Mr X to use his court remedy, but in any case, we cannot achieve this as an outcome.

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Final decision

9. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by us investigating.

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Investigator's decision on behalf of the Ombudsman