Summary: We will not investigate this complaint about the Council’s failure to act on the complainant’s reports of vegetation overgrowing the highway. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the Council’s actions. And further investigation is unlikely to lead to a different outcome.

The complaint

1. Mrs X complains the Council refuses to act on her reports of vegetation overgrowing the highway near her home. She says this is a danger to road users and pedestrians.

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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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.

I considered the Ombudsman’s Assessment Code.

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Final decision

4. We will not investigate Mrs X’s complaint. The Council has confirmed it is aware of her concerns and will deal with the hedge according to its highway maintenance prioritisation process. We understand Mrs X wants the hedge cut back immediately, however, it is for the Council to decide on how it prioritises highway maintenance. There is not enough evidence of fault in the Council’s actions. And further investigation is unlikely to lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman