Summary: We will not investigate Ms X’s complaint about the Councils response to a worker/contractor using a chainsaw to remove a hedge without a risk assessment or closing off the path. The issue has not caused Ms X significant personal injustice.

The complaint

1. The complainant, Ms X, complains that a council worker/council contractor has used a chainsaw to cut out a hedge. Ms X complains the chainsaw was used on a public footpath, without closing the footpath, putting out cones or barriers, giving any notice to members of the public on the footpath or behind the hedge being removed. Ms X claims there was no risk assessment or method statement for the use of the chainsaw. Ms X would like the council acknowledge the incident, to conduct an inquiry into how this incident could have occurred, apologise for the incident and not dealing with their complaint reasonably and for the Council to learn from this incident.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X contacted the Council to report that a chainsaw was used by a Council worker/contractor to take down a hedge. This was completed without closing the footpath, putting up barriers or cones or giving any notice to members of the public.
6. Following an FOI request it a risk assessment was provided with no evidence of a risk assessment for use of a chainsaw at the site.
7. The Council has responded to complaints to state that lessons have been learnt.
8. The matter has not caused Ms X significant personal injustice. I appreciate it may have been distressing for Ms X, but we will not investigate where there is not significant injustice.

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Final decision

9. We will not investigate Ms X’s complaint because there is not sufficient injustice to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman