Summary: We will not investigate this complaint about the Council’s failure to provide Miss X with a map of areas it maintains at public expense. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council sending her insufficient information in response to a land search which she paid for. She says it did not provide details of what land it owns and maintains near her home.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A (6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X paid for a search by the Council to advise her what land near her home was maintainable at public expense. This is because some areas of grass and shrubs adjacent to the highway are maintained and others are not and she wanted a map showing the extent of this. The Council confirmed to her that the highway is adopted and sent a copy of the map used for the highway adoption by the former County Council.
6. Miss X is dissatisfied with the Council’s response. She told it that she wanted to see the map which is annotated for maintenance responsibility, such as that used by the gardeners who operate the maintenance contract. This map would not identify any ownership or responsibility for the land, it simply would indicate the extent of the gardening contract.
7. Only the deeds to her property would indicate the legal ownership of the land in question and where the highway boundary lies. Maintenance of vegetation does not confer ownership of land and the Council has advised Miss X to see a solicitor if she wishes to establish the extent of her responsibility for the land.
8. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. Instead, we focus on the process by which the decision was made. In this case the Council has sent Miss X the map showing the extent of the public highway which is maintainable at public expense. It says it does not possess any maps showing what land the Council does not own, even if it is being maintained.

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Final decision

9. We will not investigate this complaint about the Council’s failure to provide Miss X with a map of areas it maintains at public expense. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman