Summary: We will not investigate this complaint about the Council not cutting hedges and grass in line with its maintenance schedule. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council has upheld the complaint and further investigation by us would not be proportionate.

The complaint

1. Mrs X complains about the Council not cutting hedges and grass in local communal areas in line with its maintenance schedule.

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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 will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. In addition, we will not normally investigate a complaint where the complainant is using their enquiry as a way of raising a wider community campaign about something of general concern but where they have not suffered injustice.

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How I considered this complaint

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

My assessment

6. The Council’s complaint response admits the areas complained of were missed by the contractors. The Council said works should be carried out between June- July and September – October. The Council said the contractors had been told to give those areas a high priority. And that it had raised this with the Environment Services team to highlight the schedule with the contractors to ensure close monitoring takes place in future.
7. We have decided not to investigate. The Council upheld the complaint and agreed to provide a remedy by ensuring close monitoring in future. Further investigation by us would therefore not be proportionate.

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Final decision

8. I will not investigate Mrs X ‘s complaint because it does not meet the tests in our Assessment Code. The Council has already upheld the complaint and further investigation by us would not be proportionate.

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Investigator's decision on behalf of the Ombudsman