Summary: We will not investigate Mr X’s complaint about the maintenance of Council-managed land near his home. There is insufficient evidence of fault and it is unlikely we could add to the Council’s response.

The complaint

1. Mr X complains the Council has failed to sufficiently maintain trees and undergrowth on Council-managed land near his home. He says this is affecting his and other residents’ residential amenity and their enjoyment of their homes. He wants the Council to carry out maintenance works including reducing the height of the trees and clearing overgrowth, and commit to ongoing, regular maintenance.

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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
• we could not add to any previous investigation by the organization.

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

3. We consider whether there was fault in the way an organisation made its decision. 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its complaint responses, the Council accepted it was responsible for the maintenance of the land near Mr X’s home. It said although the Council acknowledged it had not completed all the works it had initially planned, it considered the works to be low priority. It said its ability to complete maintenance works had been limited due to budget constraints and the need to prioritise more urgent, safety-related tree works elsewhere.
7. It said it had recently applied for additional funds to complete maintenance works. Once this budget had been agreed, it would consult with residents regarding the nature of the works, and the works would likely take place the following winter.
8. We will not investigate this complaint. It is for the Council to decide how it prioritises maintenance works, what work it completes and how it allocates its available funds for these works. Although I accept Mr X wants the Council to do more, I am satisfied it has appropriately considered the matter, explained its actions to date to Mr X and committed to maintenance works moving forward. There is insufficient evidence of fault to warrant an investigation, and it is unlikely we could add to the Council’s response.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation and it is unlikely we could add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman