Hertfordshire County Council (20 011 589)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 17 Mar 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delay in dealing with overgrown vegetation outside the complainant’s home. The Council has changed its procedures and has now carried out work. It is unlikely an investigation would lead to a different outcome.
The complaint
- The complainant, who I refer to here as Mr B, has complained about delay by the Council in dealing with overgrown vegetation on the highway next to his home.
The Ombudsman’s role and powers
- 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 an investigation if, for example, we believe:
- any the injustice is not significant enough to justify our involvement;
- it is unlikely we could add to any previous investigation by the Council; or
- it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mr B said in his complaint. The Council also provided background information including its final report into Mr B’s complaint. Mr B commented on a draft before I made this decision. Both the Council and Mr B have told me the Council carried out the work recently.
What I found
- I consider the Council has fully considered Mr B’s concerns and investigation would add nothing significant to what we know.
- The Council has accepted its procedures for maintaining vegetation like that outside Mr B’s home were inadequate and says it will review them. It has now carried out work to the vegetation.
Final decision
- I have decided we will not investigate this complaint. Understandably, Mr B is frustrated the Council did not carry out the work sooner. Hopefully, the procedural changes the Council has made will prevent a repeat of the problem. On balance, I am not persuaded any injustice caused to Mr B warrants further investigation or that investigation would lead to a different outcome.
Investigator's decision on behalf of the Ombudsman