Summary: We will not investigate this complaint about an overgrown footpath because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains about an overgrown footpath. She wants the Council to prune it every month or lay a new path.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Mrs X and the Council. I also considered our Assessment Code and invited Mrs X to comment on a draft of this decision.

Back to top

My assessment

4. Mrs X has complained to the Council about an overgrown footpath. After her recent complaint the Council did a hard cut of the hedge and reported that, each year, it will do a hard cut in February and an extra cut in August/September. The Council told Mrs X it cannot cut the hedge from March to August due to nesting birds. It will monitor the footpath after the next hard cut.
5. I will not investigate this complaint because there is insufficient evidence of fault. The Council responded appropriately by increasing the number of cuts and doing a hard cut with a tractor flail rather than a hand cut. It explained why it cannot do monthly cuts. The Council says the enhanced cutting, and the monitoring, removes the need for an alternative path.

Back to top

Final decision

6. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman