Summary: Mr X complained about the Council failing to properly manage a wildflower area which is next to his home. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which has caused injustice to Mr X.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council failing to ensure that local residents meet the requirements of a licence for maintaining a piece of its land as a wildflower area. He says the land is unsightly and causes unwanted growth in his lawn and garden.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council.

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

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has commented on the draft decision.

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What I found

4. Mr X says a piece of Council land next to his home was subject to a licence agreement with some residents to create a wildflower area. He says the planting in 2018 was not successful and the area is untidy and is causing growth on his land. He complained to the Council and it said the initial seeding had failed due to dry weather.
5. The Council told Mr X that residents wished the area to remain a wildflower zone at present but Mr X says he does not believe it consulted properly. The land is owned by the Council and it has licences with the residents who wished to create the wildflower area. It must decide whether or not to end the licence agreements. At present, it decided to allow a further growing season for the plants to become established. If it fails it may change the policy for the land.
6. It is not the Ombudsman’s role to instruct the Council how to use its land. Mr X is entitled to remove any seedlings which take root on his land. The Council says it will return the area to grassland if the seeding in the current season fails and this is a decision which it is entitled to make.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which has caused injustice to Mr X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman