Summary: We will not investigate this complaint about the Council’s decision to stop maintaining a green area. This is because there is insufficient evidence of fault by the Council.

The complaint

1. X complains that the Council has stopped maintaining a grassed area outside their home. X says the Council failed to consult with residents or carry out an Environmental Impact Assessment (EIA) before making its decision.

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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 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council says it stopped maintaining the area outside of X’s home after carrying out a review of land ownership and finding that it did not own the land.
7. I will not investigate X’s complaint because there is insufficient evidence of fault by the Council. It fully explained and justified the reasons behind its decision and, in this scenario. it had no duty to carry out an EIA or consult with residents.
8. Whilst X may strongly disagree with the Council’s decision we cannot question the merits of decisions made in the absence of fault.

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Final decision

9. We will not investigate X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman