Summary: We will not investigate Mrs X’s complaint about the Council not taking appropriate action in relation to a damaged grass verge. This is because it is unlikely we would find fault with the Council.

The complaint

1. Mrs X complained about the Council not taking appropriate action in relation to a damaged grass verge outside her mother, Ms Y’s, property. She said the area is a slip hazard for her mother. It caused Mrs X distress and worry. She wants the Council to pave the area with cement or tarmac.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Mrs X said she has consistently reported to the Council about a grass verge outside her mother’s property being damaged by vehicles. Mrs X said when it rains, the area becomes filled with water, it becomes muddy and in colder months, it freezes. Mrs X is worried about her mother slipping and falling. Mrs X said when she has reported it to the Council previously, the Council has visited the area and re-soiled it. However, Mrs X said this does not fix the problem.
7. In response to Mrs X’s concerns, the Council:
• considered options for resolving the matter such as parking restrictions and implementing bollards however after further investigation, it explained to Mrs X it was not possible to do so;
• informed Mrs X it considered her request of permanently paving the area with tarmac or cement however, explained it was also not able to do this as it would affect natural drainage; and
• said it would continue to repair the verge whenever possible in response to Mrs X’s reports.
8. We will not investigate Mrs X’s complaint because it is unlikely we would find fault with the Council. When Mrs X reported damage to the grass verge, the Council attended and took steps to restore it by re-soiling the area. Whilst Mrs X considers this does not provide a lasting solution, the Council is not required to implement the specific remedy she has requested. The Council has explained that installing a permanent surface, such as concrete or tarmac, could affect natural drainage. In the absence of evidence that the Council’s approach was unreasonable or that it failed to consider the reported safety risk, we are unlikely to find fault.

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Final decision

9. We will not investigate Mrs X’s complaint because it is unlikely we would find fault with the Council.

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Investigator's decision on behalf of the Ombudsman