Summary: We will not investigate Ms X’s complaint about the Council failing to maintain an overgrown plot of land and the damage it has caused to her fence. This is because we would not be able to add to the Council’s investigation and achieve the outcome she wants.

The complaint

1. Ms X complained the Council has failed to maintain an overgrown plot of land it owns near her property. She said she has had to complain many times over the years for the Council to maintain it. She said the overgrown land has damaged her fence. Ms X said the matter has caused her frustration. She wants the Council to clear the land and have a plan in place to regularly maintain it and to fix her fence.

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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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained to the Council about the plot of land. She said she has had to complain over the past years for the Council to take action. The Council has cleared the land when Ms X has complained, however the land becomes overgrown again. Ms X said it has damaged her fence. She wants the Council to regularly maintain the land and to remove specific trees and shrubs from the roots to stop them from growing.
6. The Council responded to Ms X’s complaint. It said it would arrange to clear the land again. It recognised Ms X had complained about the matter over several years and apologised to her for having to complain again. The Council said it would also arrange for the land to be included in areas it regularly maintained. In relation to the damaged fence, the Council advised Ms X to submit a claim so it could consider it via its insurers.
7. We will not investigate Ms X’s complaint. This is because the Council has said it will clear the land and arrange for it to be regularly maintained. It has therefore committed to take action which is appropriate. We could not add anything more with a further investigation.
8. In addition, we would not be able to determine whether the Council was responsible for the damage caused to Ms X’s fence. Such matters can only be decided by insurers or the courts. We would therefore not be able to recommend the Council to fix the fence and so cannot achieve part of the outcome Ms X wants.

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Final decision

9. We will not investigate Ms X’s complaint because we would not be able to add to the Council’s investigation and achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman