Summary: We will not investigate this complaint that the security of Ms X’s property is compromised by the Council’s management of its green verges bordering her property as Ms X is not caused injustice by the alleged Council fault.

The complaint

1. Ms X complained that due to the Council’s lack of maintenance, gaps have developed in the hedges/trees that form a boundary with her property. Ms X says this is compromising the security of her property and that she has been caused stress and anxiety by this.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate 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 continue an investigation if we decide any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I recognise Ms X is unhappy about the gaps in the boundary. However, the responsibility for ensuring security at Ms X’s property lies with Ms X and not with the Council. The injustice Ms X claims therefore cannot be said to arise from Council fault and we will not therefore investigate.

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Final decision

7. We will not investigate Ms X’s complaint because any Council fault does not give rise to Ms X’s claimed injustice.

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Investigator's decision on behalf of the Ombudsman