The Ombudsman's final decision
Summary: We will not investigate this complaint about land maintenance as there is insufficient evidence of fault by the Council and it is unlikely we could achieve the outcome the complainant seeks.
The complaint
Mr X complains the Council refuses to maintain a strip of land next to his property which is overgrown. Mr X considers it is the Council’s responsibility to do this.
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; or we cannot achieve the outcome someone wants (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
The Council previously cut back overgrowing vegetation on a strip of land near to a property Mr X owns. Following a further request from Mr X for the Council to do this, it has refused saying that it is not the landowner, and that it is the landowner’s responsibility to do this.
While I recognise Mr X’s frustration at being told this, he has not provided evidence of the Council being at fault in this regard. If the Council is not the landowner, then it does not fall upon it to maintain the land. An investigation by us would not therefore achieve the outcome Mr X seeks.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council and it is unlikely we could achieve the outcome Mr X seeks.
Investigator's decision on behalf of the Ombudsman