Wednesday, July 02, 2008

The one minute Ombudsman 2

The law!

Human Rights Act (Part II. The First Protocol)

Article 1: Protection of property (this includes land)

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

I have been waiting 7 years for the Councils to tell me what specific statutory power (subject to the conditions provided for by law ) gives them the legal right to interfere with my property. All they assert is that they have 'powers at large' but refuse to be more specific so I can legally challenge their assertions. That in itself is maladministration.

In the alternative, I have been waiting 7 years for the Councils to provide proper plans proving that the roadway, when completed, will not impact my property. They have refused to show me the necessary plans. That in itself is maladministration.

The Council know
it's impossible to complete the road without it impacting on my property. They also know I will self abate if they attempt to complete the roadway. They also know that if it gets to court they will have no other option but to give me a proper copy of the plans or tell me what specific statutory power they rely on to legally interfere with my human rights. Hence the reason why they have never attempted to complete the works over the last 7 years.

Curious how, over the last 7 years, the LGO has never told the Council to give me a copy of the plans (to prove that the works will not interfere with my human rights) or tell me what specific statutory power they rely on to
legally interfere with my human rights. Something a court would have insisted on at the pre-action stages.

Even more difficult to accept is the LGO's ongoing attempts to bolster the Councils case and de-construct my case with fallacious or irrelevant arguments and manipulated evidence whilst refusing to allow me to see, let alone controvert, the Council's plans and evidence.

So the question remains, just what is that motivates Local Government Ombudsmen to spend years trying to help Councils out of their self created difficulties rather than the few minutes it would take to do their job properly?

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