Summary: We will not investigate Mr X’s complaint about the Council’s decision it is not responsible for maintaining a footpath that runs alongside his property. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision it is not responsible for maintaining an overgrown footpath that runs alongside his property. Mr X says it is growing into his property boundary, potentially damaging his property and poses a safety risk. He has previously seen contractors maintaining the land who he believes were acting on behalf of the Council. The Council’s website shows an option to request pruning at this site and there is no land title shown for the land on the Land Registry.

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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 effect 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 we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about the matter set out in paragraph one, above.
7. The Council confirmed it has never owned the land; it is privately owned and so the Council is not responsible for maintaining it. It checked its records as far back as 2012 and confirmed it has not carried out any works to this land at least as far back as then.
8. We will not investigate this complaint. This is because there is no sign of fault by the Council here. It has confirmed it does not own the land in question and so, is not responsible for maintaining it. Not all privately owned land is registered with HM Land Registry. This does not mean the Council is responsible for maintaining the land.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council here to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman