Summary: We will not investigate this complaint about unsafe work practices by a Council contractor who had been cutting trees. This is because neither fault by the Council nor the injustice caused to Mr X is sufficient to warrant an investigation.

The complaint

1. The complainant, who I call Mr X, says he is not satisfied with the Council’s response to his concerns about unsafe work practices by a contractor who was carrying out tree cutting work on behalf of the Council. He says pedestrian passage was made unsafe and that he could have been hit by flying pieces of tree.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about its response to his report of unsafe work practices by one of its contractors who was carrying out tree cutting work.
6. The Council responded to the complaint and explained it had acted immediately on his concerns by contacting the Contract Supervisor who the same day spoke to the Traffic Management Officers responsible for the works to ensure the works were progressed safely.
7. We do not investigate every complaint we receive. In this case the Council responded quickly to Mr X’s concerns and, while there was some delay in Mr X receiving a response to his formal complaint, neither fault by the Council nor the injustice caused to Mr X is sufficient to warrant an investigation.

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Final decision

8. We will not investigate Mr X’s complaint because neither fault by the Council nor the injustice caused to Mr X is sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman