The Ombudsman's final decision
Summary: We will not investigate this complaint about the protection of trees and rights of way during preparation work for a major road project. There is insufficient evidence of personal injustice which would warrant an investigation.
The complaint
Mr X complained about the failure to protect mature trees and a right of way which was obstructed by contractors preparing for a road scheme.
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 must use public money carefully. We do not start or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr x said he walked on the route of a major road scheme and fond that contractors had fenced off the footpath during preparatory work. This caused him to make a difficult diversion and trespass on private land. He also noticed that a mature tree had been felled and another had vehicle tracks close to the root system.
Mr X complained to the Council and it told him it had raised the matters with the contractor to ensure protection measures are in place when the work commences and footpath diversions are put in place. Any trees which are removed were identified during the planning process which involved public consultation in earlier years.
Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
Final decision
We will not investigate this complaint about the protection of trees and rights of way during preparation work for a major road project. There is insufficient evidence of personal injustice which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman