Summary: We will not investigate Miss X’s complaint about the neglect of an alleyway to the side of her property which has dangerous waste and dead rodents. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Miss X complains about the Council’s response to her reports of neglect of an alleyway to the side of her property. Miss X says the neglect has caused a severe cockroach and mouse infestation in her home, which has impacted her ability to enjoy her home and has caused hygiene concerns. Miss X has spent time and money cleaning the alleyway, which is not her responsibility. She says the Council has provided her with no action or support on the matter despite her paying a high rate of Council Tax.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (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. Miss X complained to the Council about the matter set out in paragraph one, above.
7. The Council responded to Miss X explaining it does not own the land in question and so it cannot take any action in relation to the concerns she raised. It said it may be privately owned or owned by another organisation such as Transport for London.
8. We will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. The Council does not own the land and so is not responsible for maintaining it or clearing it. The outcomes Miss X seeks in making her complaint to this office, should be raised to the landowner to consider and respond to. It is responsible for maintenance of the land. Miss X can find out who the landowner is by making a search of HM Land Registry.
9. Miss X also raises issues around the Council’s handling of her complaint. We will not consider complaint handling issues in isolation where we are not also considering the substantive issue. This is because it is not a good use of limited public funds for us to do so.

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Final decision

10. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council here to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman