Summary: We will not investigate Mr X’s complaint about the Council’s refusal to remove an obstruction from a footpath. There is not enough evidence of fault by the Council and any investigation by us is unlikely to achieve a worthwhile outcome.

The complaint

1. Mr X complained the Council refused to remove overgrown vegetation from a path near his home. Mr X said the vegetation caused an obstruction and reduced access to his home.

Back to top

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
• there is no worthwhile outcome achievable by our investigation.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X asked the Council to remove overgrown vegetation from a path near his home. He said the Council had previously completed works on this land and so he believed the Council was responsible for maintenance to the path.
6. The Council responded to say it was not responsible for maintaining the path because another council owned the land. In its response, it sent Mr X information from the Land Registry which the Council said shows it does not own the land.
7. The Council said any work it had previously done to the path was discretionary and it would not complete any works on that land in future. It told Mr X if he wanted any works completed, he would need to ask the other council to do this.
8. Mr X then complained to us about the Council’s decision. He wanted the Council to accept responsibility for the land and complete any required maintenance.
9. We will not investigate Mr X’s complaint. The Council says it has provided Mr X with evidence which shows it does not own the land and therefore it has no statutory duty to maintain the land. There is not enough evidence of fault by the Council in deciding not to complete the requested works and directing Mr X to the council which it says owns the land.
10. Additionally, any investigation by us is unlikely to achieve a worthwhile outcome. The Council says it does not own the land and therefore any works it completes would be at its discretion. We cannot tell the Council to carry out the works, because it is for the Council to plan how it carries out maintenance and choose which discretionary works it completes.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council and any investigation by us is unlikely to achieve a worthwhile outcome.

Back to top

Investigator's decision on behalf of the Ombudsman