Summary: Mr X complains the Council has failed to maintain the grass verge in the village where he lives. The Ombudsman will not investigate this complaint. We are unlikely to find fault in the Council’s actions. Nor do we consider Mr X has suffered sufficient personal injustice which warrants an investigation.

The complaint

1. Mr X complains the Council has neglected two strips of land next to his property and path. He says:
• The grass verges are a disgrace and have the appearance of scrubland
• The surface is rutted, uneven and covered in weeds

He wants the Council to maintain the land to a standard which he considers is acceptable.

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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’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault
• the injustice is not significant enough to justify our involvement
• it is unlikely we could add to any previous investigation by the Council
• it is unlikely further investigation will lead to a different outcome

(Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Council. Mr X also commented on the draft version of this decision.

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What I found

4. Mr X complained to the Council about the condition of two strips of land next to his home.
5. A council officer met Mr X at the site and inspected the area.
6. The Council officer told Mr X it schedules the verges for cutting 10 timers a year, depending on the weather. Before Mr X made complained to the Ombudsman, it advised the verges were last cut in September 2019. It also told Mr X it would be top dressing and seeding the area in the autumn.
7. In response to my enquiries the Council confirms the top dressing and seeding has been completed.
8. I understand Mr X is not happy with the condition of the grass verges and feels they should maintained to a higher standard as they are an integral part of the village landscape. However, I am not persuaded the extent of any personal injustice to his is so significant as to warrant the Ombudsman starting an investigation into the matter.

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Final decision

9. I will not investigate this complaint. We are unlikely to find fault in the Council’s actions. Nor do I consider that Mr X has suffered sufficient personal injustice to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman