Summary: We will not investigate this complaint about how the Council maintained a highway. This is because further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council did not properly maintain their land which allowed trees and weeds to grow out of control. He said the growth had restricted visibility for drivers and had caused him stress chasing the Council for a response. He wanted the Council to remove trees and cut back the weed growth.

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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 further investigation would not lead to a different outcome. (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 X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained the Council did not remove weeds and self-seeding trees from a road junction.
6. In its complaint response, the Council said it had visited the site in question and it had not identified any obstructions of the highway. It told Mr X it had asked its weed contractor to treat the site to control the weeds. After a second site visit, the Council informed Mr X the vegetation growth had been cut back. It said weed treatment had been carried out at the site and would be reviewed for effectiveness.
7. We will not investigate this complaint because further investigation would not lead to a different outcome. The Council treated the weeds at the site, confirmed vegetation had been cut back and said it had not identified any obstructions of the highway.
8. Mr X also complained about the Council’s delayed responses to his complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.

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Final decision

9. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman