Summary: We will not investigate Mrs X and Mr Y’s complaint about the Council’s decision to stop maintaining some land on their road, and the Council’s complaint handling. We have not seen enough evidence of fault to justify investigating the first part of the complaint. We will not investigate the Council’s complaint handling alone as this would not be a good use of our limited resources.

The complaint

1. Mrs X and Mr Y complain the Council stopped maintaining some land on their road because the land is not registered. They say the Council had been maintaining the land for many years, and its decision is the result of a historical error.
2. They say it is unreasonable for the Council to say it cannot maintain the land because of insurance liability concerns, or for the Council to refuse to register the land.
3. Mrs X and Mr Y say the Council’s decision has distressed the residents. They are concerned about the development of the land. And believe the land also poses a safety risk because of overgrown trees and wildlife.
4. They also said the Council’s complaint handling was poor.
5. Mrs Y and Mr X want the Council to continue maintaining the land the same way it maintains other unregistered land.

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The Ombudsman’s role and powers

6. 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 (Local Government Act 1974, section 24A(6), as amended, section 34(B))
7. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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

8. I considered information provided by Mrs X, Mr Y and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We will not investigate the complaint about the Council’s decision to stop maintaining the green land on her road. We have not seen enough evidence of fault to question the merits of the Council’s decision or to justify a further investigation.
11. In responding to Mrs X’s and Mr Y’s complaints, the Council confirmed it had reviewed its records and checked with the Land Registry. It found the land is unregistered, and the Council’s general policy is it does not maintain unregistered land.
12. The Council therefore advised Mrs X and Mr Y that as the land is not registered, it has no legal rights or responsibilities to continue maintaining it.
13. However, the Council accepted it had been maintaining the land in error for a long time but decided to stop once it became aware the land was unregistered. It also explained that it had to consider the implications for its insurance cover if its grounds maintenance staff were to continue working on the land.
14. The Council accepted it may have considered adopting the land in the past, but it never formally did so. However, the Council said it will not adopt the land. This includes acquiring it through adverse possession.
15. We will not investigate the Council’s complaint handling alone because this would not be a good use of our resources.

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Final decision

16. We will not investigate Mrs X and Mr Y’s complaint about the Council’s decision because we have not found enough evidence of fault to justify a further investigation. We will not investigate the Council’s complaint handling alone.

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Investigator's decision on behalf of the Ombudsman