Summary: We have upheld Miss X’s complaint because the Council delayed in cutting back overhanging vegetation on a path near her home. The Council has agreed to write to apologise and make a symbolic payment to recognise her frustration at not being able to access the community.

The complaint

1. Miss X uses a wheelchair. She complains the Council failed to act when she reported overhanging vegetation preventing her from accessing a pathway near her home. Miss X says this has reduced her independence and she has suffered increased pain.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy (Local Government Act 1974, sections 26(1) and 26A(1), as amended).
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended).
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. Miss X says she has been raising her concerns since 2023. The law says we cannot investigate late complaints unless there are good reasons. I will not investigate this part of the complaint because I can see no good reason why it was not raised with us sooner.
8. If we were to investigate this complaint, it is likely we would find the Council at fault. The Council upheld Miss X’s complaint but did not acknowledge the injustice caused to Miss X by being unable to access the community. Miss X reported the matter in July and the Council wrote to her in February to say it would cut back the vegetation in March.
9. We asked the Council to consider resolving the complaint early by,
• within one month, writing to Miss X to formally apologise for the delay, taking into account our guidance on making an effective apology Guidance on remedies - Local Government and Social Care Ombudsman; and
• within one month of our decision, pay Miss X a symbolic payment of £100 to recognise the frustration caused by not being able to access the community.

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Agreed Action

10. To its credit, the Council agreed to resolve the complaint by taking the action set out above.

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Final decision

11. We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.

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Investigator's decision on behalf of the Ombudsman