The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision not to take enforcement action against his neighbour. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains the Council has refused to take enforcement action against his neighbour to require them to remove vegetation, which he says is obstructing the public highway.
The Ombudsman’s role and powers
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 not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to Mr X’s complaint, the Council visited to assess the site. It wrote to Mr X’s neighbours asking them to cut back the vegetation, so it was not obstructing the highway.
The Council later re-visited and was satisfied it was sufficiently cut back. It decided no further action was required at that time. It said it would re-visit in the Spring to ensure the vegetation was kept cut back.
We will not investigation this complaint. Councils have discretion to decide whether to take enforcement action and we can only question a decision if there is evidence of fault in how it was reached. The Council considered whether further enforcement action was needed after the second site visit, but decided it was not required. This is a decision the Council is entitled to make. Although I appreciate Mr X disagrees with the Council’s decision, it has appropriately investigated his concerns. There is insufficient evidence of fault in the Council’s actions or decision making to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman