Summary: We will not investigate this complaint about the Council’s response to Mr X’s reports of overgrown vegetation blocking the footpath. Any injustice there may have been to Mr X is not significant enough to justify an investigation.

The complaint

1. Mr X and Mrs X complained the Council did not do enough to prevent overgrown vegetation restricting the footpaths near where they live. They said as mobility scooter users, this meant those areas were a hazard and nuisance to them.
2. Mr and Mrs X said because the Council did not take effective action, they have been caused distress as a consequence.

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The Ombudsman’s role and powers

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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. In 2023, Mr and Mrs X told the Council they had concerns that two locations were inaccessible to them as mobility scooter users. They said this because caused by overgrown vegetation, partially blocking the footpath. Mr X said he had damaged his scooter at one location because of the blockage.
6. In 2024, Mr and Mrs X raised concern that one of these locations was still inaccessible. The Council responded to Mr and Mrs X’s complaint and gave an explanation about how it responds to reports about overgrown vegetation.
7. Mr and Mrs X then complained to us, saying the Council had not properly considered its duties here and refused to consider this complaint at stage two of its complaint procedures.
8. We will not investigate Mr and Mrs X’s complaint, because any injustice there may have been, is not significant enough to justify an investigation. Nor will we investigate a complaint about the Council’s complaint handling. We do not consider these matters where we are not investigating the substantive issue.

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Final decision

9. We will not investigate Mr and Mrs X’s complaint because the injustice claimed is not significant enough.

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Investigator's decision on behalf of the Ombudsman