Summary: We will not investigate Ms X’s complaint about the Council’s failure to maintain land she believes it is responsible for. This is because the Council disputes responsibility for the land and we cannot decide if it is correct. We cannot therefore achieve any worthwhile outcome for Ms X by investigating the matter further.

The complaint

1. The complainant, Ms X, complains the Council has failed to maintain areas on land on the approach roads to a roundabout at a motorway junction. She says the land is overgrown and this makes it difficult for her to see approaching traffic when joining the roundabout.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. The Council confirms it has not maintained the land in question because it does not consider it is responsible for it. It says the land is owned by National Highways and it believes National Highways is therefore responsible for maintaining it. However National Highways claim it is the Council’s responsibility to maintain.

Back to top

Final decision

5. We will not investigate this complaint. This is because we cannot decide who is responsible for maintaining the land and we cannot therefore say the Council must take action as Ms X would like.

Back to top

Investigator's decision on behalf of the Ombudsman