Summary: We will not investigate this complaint about ground maintenance because any injustice is not significant enough to warrant investigation.

The complaint

1. Mrs Y complained the Council has failed to maintain the grass verges, ditches and other green spaces and a stream in her area. Mrs Y says this has caused her upset and frustration as she feels the appearance of the area is depressing.

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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:

• any injustice is not significant enough to justify our involvement, or
• 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 Mrs Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mrs Y complained to the Council about several issues including relating to grass verges, ditches which were not cleared, a nearby stream which was not properly cleared after maintenance work was done to the vegetation and about logs and netting being left in a local green space.
6. The Council responded to Mrs Y’s various complaints, confirming that it had finished grass maintenance for the year, due to the change of seasons, but would continue to monitor other areas including ditches Mrs Y had reported on a regular basis over the winter months. It also explained that it would carry other bush maintenance at a later date, again due to the season. It also confirmed actions taken relating to complaints made by Mrs Y about football posts and netting and logs being placed in a local green space.
7. Mrs Y remained unhappy however, as some of her requests for maintenance works were not completed. The Council explained that this was due to a lack of budget, where it had to prioritise works.
8. In its final complaint response, the Council recognised that it had not responded to Mrs Y’s correspondence and complaint in line with its processes. It apologised for this and agreed to review its practices to help prevent recurrence of the issues.

Analysis

9. With regard to the Council’s communication with Mrs Y, 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 offering an apology and agreeing to reflect on its service and how it can improve in the future. Consequently, it is unlikely further consideration of this complaint would lead to a different outcome.
10. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
11. In this case, while she may feel strongly on the issue, Mrs Y has not been caused a significant loss or harm. The Council has acted to remedy any injustice, and where the injustice is not significant we would not seek to add to this where any remedy given is proportionate as this is not a good use of public funds.
12. Further, where we are not investigating the substantive issue, it is not a good use of public funds to investigate how a Council has dealt with a complaint. Consequently, we will not investigate this complaint.

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Final decision

13. We will not investigate Mrs Y’s complaint because any injustice is not significant enough to warrant investigation.

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Investigator's decision on behalf of the Ombudsman