Summary: We will not investigate this complaint about how the Council has maintained a grass verge and a vine. This is because the Council is now maintaining the verge and therefore further investigation into this would not lead to a different outcome. The vine is not adjacent to the complainants property and therefore the matter does not cause him a significant enough injustice to warrant our involvement.

The complaint

1. The complainant, who I will call Mr X, complains that the Council has failed to maintain a grass verge outside his property and a vine on a different road.

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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
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

5. The Council has said that there was a period when the verge was not maintained because it had previously been done by residents and because of a change in operative. The Council has said the verge remains on the rota and is now being maintained in accordance with that rota. I will not investigate this element of Mr X’s complaint because the matter has now been resolved and therefore further investigation would not lead to a different outcome.
6. I will not investigate how the Council has dealt with the maintenance of a vine. This is because the vine is on a different street several houses away from Mr X’s. Therefore, this does not cause Mr X a significant personal injustice. I do however note that the Council have said that it is due to visit the site again in the winter months to carry out maintenance and then plans to add this to the rota. Therefore, even if this was closer to Mr X’s property we would still not investigate this because further investigation would not lead to a different outcome.

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Final decision

7. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome and the issue regarding the vine does not cause him a significant personal injustice.

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Investigator's decision on behalf of the Ombudsman