The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council not maintaining a piece of land. This is because there is no sign of fault by the Council.
The complaint
The complainant, Miss X, complains the Council is failing to maintain a piece of land which is a pedestrian walkway.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council that it is failing to maintain a pedestrian walkway.
The Council made the relevant checks and confirmed it does not own or maintain the land in question. It explained the owner is responsible for maintenance.
We will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation. It does not own the land and it has confirmed it is not responsible for maintaining it.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.
Investigator's decision on behalf of the Ombudsman