Summary: We will not investigate this complaint about the Council allowing a neighbour to plant shrubs and lay turf along a verge near the complainant’s home. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault in the way the Council granted the licence.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council should have consulted residents before granting a licence to a neighbour to lay turf and plant shrubs along a verge where cars had previously parked for many years.
2. Mr X says cars now park further out into the road, reducing it from two lanes to one.

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The Ombudsman’s role and powers

3. 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 an investigation if, for example, we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by Mr X, and the complaint correspondence between him and the Council.
6. I considered our Assessment Code.

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My assessment

7. Section 142 of the Highways Act 1980 (as amended) gave the Council the power to issue a licence to Mr X’s neighbour to cultivate this highway verge. There is no requirement to consult other neighbours when issuing such a licence.
8. I appreciate Mr X disagrees with the decision to allow planting along the verge, but I see no evidence of administrative fault in the way the Council granted the licence.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman