Summary: The Ombudsman finds fault with the Council for not completing maintenance on a verge subject to a Section 38 agreement. The Ombudsman also finds fault with the Council for not providing clear information about its responsibility for the area. Mr A has had to spend unnecessary time and trouble pursing this. The Council has agreed to carry out the actions identified in its stage two response, apologise to Mr A, and make a payment to him for his time and trouble.

Final decision

26. I have completed my investigation. I find fault with the Council for not carrying out agreed maintenance to verge subject to a Section 38 agreement. I also find fault with the Council for not providing clear information about its responsibility to the verge.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman