Blackburn with Darwen Council (22 004 013)

Category : Environment and regulation > Other

Decision : Closed after initial enquiries

Decision date : 04 Jul 2022

The Ombudsman's final decision:

Summary: We will not investigate Miss B’s complaint that the Council has failed to cut back overgrown vegetation next to her home. This is because Miss B has not suffered a significant injustice which would justify an investigation.

The complaint

  1. The complainant, who I will refer to as Miss B, complains that the Council is failing to maintain an area of green space which is next to her home. Miss B says this results in shrubs and weeds poking through the boundary fence. Miss B would like the Council to uproot the shrubs and weeds behind the fence.

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The Ombudsman’s role and powers

  1. 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 an investigation if we decide 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

  1. I considered information provided by Miss B.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council says it has cut back the overgrowth as best as its resources allow. We have limited resources and must focus our investigations on complaints of significant injustice. I have considered the photographs Miss B sent in support of her complaint. I find Miss B has not suffered a significant injustice because of the alleged fault which would justify an investigation by the Ombudsman.

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Final decision

  1. We will not investigate Miss B’s complaint because she has not suffered a significant injustice which would justify an investigation.

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Investigator's decision on behalf of the Ombudsman

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