Summary: Mr X complained about the Council’s management of the river and wooded area near his property. The Council said it does not have primary responsibility for the river’s management. We have closed this complaint as there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains about the Council’s management of the river and wooded area near his property. He says the Council’s lack of intervention has led to the river getting blocked by fallen trees and branches causing it to flood.

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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
• further investigation would not lead to a different outcome.

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

3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. Mr X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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My assessment

7. Mr X said the Council does not properly manage a river or the wooded area it flows through, near his property. He said trees and branches that have blown down block the river and cause erosion and flooding. He said the Council should clear the debris. Mr X wrote to the Council about these issues number of times and was frustrated when it did not respond in a timely manner.
8. When the Council did respond, it offered to meet Mr X to discuss the issues. Mr X was not satisfied with this meeting and wants to meet with senior officers of the Council. The Council explained that primary responsibility for the river lay with a different organisation.
9. My view is there is insufficient evidence of fault by the Council to justify an investigation. In addition, there is limited personal injustice to Mr X to warrant our involvement. I have closed Mr X’s complaint.

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Final decision

10. We will not investigate this complaint. This is because there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman