Summary: The Ombudsman will not investigate Mr X’s complaint about tree stumps on the public highway. This is because Mr X’s complaint is late and there is no evidence of significant personal injustice to Mr X.

The complaint

1. Mr X complains about tree stumps on the public highway. He says they have been there for a number of years and are unsightly.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

4. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

Back to top

What I found

5. Mr X says tree stumps on the public highway are unsightly and have affected residents for many years. Mr X says he has complained to the Borough and County Councils about the tree stumps. The County Council have said they are the responsibility of the Borough Council – which it denies.
6. The exclusion at paragraph 2 applies to Mr X’s complaint. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so. I do not consider that to be the case here. I see no reason Mr X could not have complained much earlier. The Ombudsman will not therefore investigate Mr X’s complaint. In reaching this decision I have taken into account the point I make below.
7. The Ombudsman does not investigate all the complaints we receive. We only investigate the most serious. In deciding whether to investigate we consider the alleged injustice to the person complaining. While it is clear Mr X feels strongly about his complaint, my understanding is the tree stumps are not close to his home. He has not therefore been caused any significant personal injustice by the matter complained about.
8. Mr X is also frustrated by the way his concerns have been dealt with. But we will not investigate a council’s complaint handling if we are not going to look at the substantive issue complained about. This applies to Mr X’s complaint.

Back to top

Final decision

9. The Ombudsman will not investigate Mr X’s complaint. This is because the complaint is late and there is no evidence of significant personal injustice to Mr X.

Back to top

Investigator's decision on behalf of the Ombudsman