Summary: Ms X complains about the Council’s delay in responding to her requests for a key to access the shared alleyway behind her property. The Ombudsman will not investigate the complaint because the Council is currently arranging for a new lock to be installed and there are insufficient grounds to warrant an investigation.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s delay in responding to her requests for a key to access the shared alleyway behind her property. She says she has been waiting since March 2019 for a response during which time she has been unable to access the alleyway.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision.

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What I found

4. Ms X owns a property which shares a common access way with other near-by residents. A number of years ago the Council installed a gate to the alleyway and issued keys to those residents with rights of access, including Ms X.
5. Earlier this year a resident changed the lock following damage caused to the previous lock but Ms X was not given a key. She contacted the Council in March 2019 about this and says she has not received a response to her concerns and that she is still waiting for a key.

Assessment

6. While there appears to have been some delay by the Council between March and August 2019 in responding to Ms X’s enquiries about the lock and key, it did take action in August to try and get the person who changed the lock to cut Ms X a key and when this attempt failed it agreed to install a new lock. The current delay in installing the new lock is that it must be of a type easily accessible to the fire brigade and a quote for such a lock is now being obtained.
7. Ms X has been informed of the current situation and, as the Council is now taking appropriate action to resolve her complaint, there are insufficient grounds to warrant an investigation of it by the Ombudsman.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because the Council is currently arranging for a new lock to be installed and there are insufficient grounds to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman