Summary: We will not investigate this complaint about footpath maintenance because we could not add to the previous investigation by the Council and further investigation would not lead to a different outcome.

The complaint

1. Mr Y complained the Council has failed to resolve an issue of water collecting on a footpath near his home, causing algae to grow and making the path slippery. He also complained about the poor communication and response to his complaint by the Council.

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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 we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate this complaint as the Council and the local water company has investigated the source of the leak and found it to be the responsibility of a local landowner. As the leak has been traced and is the responsibility of a private owner, we could not add to the investigation carried out already. Further investigation would also not lead to a different outcome, as the landowner responsible has now been issued with a statutory notice by the water company. Consequently, we will not investigate this issue.
6. The Council considered its communication and the difficulties Mr Y faced when contacting the Council as part of its complaint handling. It has recognised that the communication was poor and apologised to Mr Y for this. As the Council has properly considered and investigated the complaint, it is unlikely the Ombudsman would be able to add to the original investigation. Further, the Council has offered a proportionate and appropriate remedy for the injustice caused by its fault in making an apology to Mr Y. Consequently, it is unlikely further consideration of this complaint would lead to a different outcome.
7. As we are not investigating the substantive issue, it is not a good use of public funds to carry out further investigation into the way the Council dealt with Mr Y’s complaint. Consequently, we will not investigate.

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Final decision

8. We will not investigate Mr Y’s complaint because we could not add to the previous investigation by the Council and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman