Summary: The Ombudsman will not investigate this complaint that the Council used chipped trees to resurface a footpath. It is unlikely he would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr C, has complained the Council removed trees from a footpath next to his home and used the chipped trees to raise the height of the footpath. Mr C says this has affected his privacy.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• the fault has not caused injustice to the person who complained; or
• the injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered what Mr C said in his complaint. The Council also provided background information including its response to Mr C’s concerns. Mr C commented on a draft before I made this decision.

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What I found

5. The Council removed trees from a public footpath which had been planted, the Council believes, by Mr C or his family. As the surface of the path was uneven, the Council chipped the trees and used the chips to provide a level surface.
6. Mr C complained to the Council that people using the footpath could now see into his home and garden. He asked the Council to lower the footpath or extend his garden fence by 8 inches.
7. The Council responded that the path had been only slightly raised and had not significantly affected Mr C’s privacy. It also said the level would go down over time as the chips become compressed through use.

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Final decision

8. I have decided we will not investigate this complaint. This is because we are unlikely to find fault by the Council in removing the trees and resurfacing the path, regardless of any impact on Mr C’s privacy.

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Investigator's decision on behalf of the Ombudsman