The Ombudsman's final decision
Summary: We stopped investigating a complaint about a failure to clear a path and prune trees because the Council took suitable action during the investigation.
The complaint
Ms X complained the Council did not clear a path or prune trees. She also complained about a broken streetlamp.
Ms X told us she uses the path every day to walk her dog, it had not been cleared for about two years and the areas was almost unusable during the winter
The Ombudsman’s role and powers
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 we must use public money carefully. We do not start or may decide not to continue with an investigation if we decide: any injustice is not significant enough to justify our involvement the organization has taken suitable action to remedy any injustice.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered Ms X’s complaint and information she sent us.
Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Ms X complained about trees overhanging a path and about ivy on the path and a broken streetlamp. The Council did not respond. So she complained to us.
Since her complaint, the Council has cleared the path and pruned the trees. It has apologised for delay. And Ms X contacted us to say she was happy the matter had been resolved and no longer wanted us to investigate.
Final decision
I stopped investigating Ms X’s complaint because the Council has taken suitable action. And I consider there is insignificant injustice caused by the streetlamp.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman