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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council did not properly maintain a grass verge which is close to his home.
The Council said the contractor it employs to carry out the works, is not contracted to carry out the additional maintenance Mr X would like them to do. It also said it had no plans to change its approach.
Our role is to consider complaints of maladministration and service failure causing injustice. We look for administrative faults such as unreasonable delay and failing to follow relevant policies and procedures. We will not investigate matters where we decide the personal injustice caused by the fault is not significant.
While I acknowledge Mr X’s comments about the verge looking unsightly, I do not consider this is a significant injustice to the level which warrants our involvement. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because the injustice claimed by Mr X is not significant enough to warrant our involvement.
Investigator's decision on behalf of the Ombudsman