West Northamptonshire Council (22 000 237)

Category : Other Categories > Land

Decision : Upheld

Decision date : 24 Apr 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council respond to his complaint and concerns about a tree. This is because the Council has already taken action to remedy the injustice caused to Mr X and there is nothing further we can achieve from investigating this complaint.

The complaint

  1. Mr X complains the Council failed to properly respond to his complaints and his concerns about a tree. Mr X says this has caused him significant frustration.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code and Guidance on Remedies.

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My assessment

  1. The Council has accepted there were delays in responding to Mr X’s complaint. The Council has also accepted dealing with Mr X’s concerns about a tree. It says this is due to complications with land where the tree is sited.
  2. The Council has apologised to Mr X and offered to pay him £100 to acknowledge the impact this had on him. This is in line with the Ombudsman’s Guidance on Remedies and there is nothing further we could achieve from investigating this complaint.

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Final decision

  1. We will not investigate Mr X’s complaint because the Council has already remedied the injustice cause and there is nothing further we could achieve.

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Investigator's decision on behalf of the Ombudsman

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