The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to a report of an overhanging bush as the complainant is not caused sufficient injustice from this to justify our further involvement.
The complaint
Ms X complained about an overhanging bush at a neighbour’s property that meant pedestrians could only use the pavement in single file. Ms X complains to us that the Council has not addressed this or properly dealt with her complaint, which she says was closed without a proper response.
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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I recognise that Ms X is caused some inconvenience by the overhanging bush but I do not consider this, or the Council’s handling of the complaint, cause Ms X a level of personal loss or harm to a level that would justify our further involvement. We will not therefore investigate.
Final decision
We will not investigate Ms X’s complaint because the injustice in this case is not sufficient to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman