Cheshire East Council (23 014 566)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 01 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about highway maintenance because any injustice is not significant enough to justify our involvement.
The complaint
- Mr Y complained the Council has failed to answer his query about who is responsible for the maintenance of a grassed service strip outside his property.
- Mr Y says this has caused him frustration and annoyance.
The Ombudsman’s role and powers
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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
- In this case, the Council has agreed that it has adopted the service strip after the housing development on which Mr Y lives was built. It has said however, that many residents choose to maintain such strips as part of their own garden maintenance.
- While Mr Y may feel this response is insufficient, it is his choice whether to maintain this part of the land outside his home. However, the response the Council has given, even if it frustrates Mr Y, does not cause him a serious harm, loss or distress to warrant our involvement. Consequently, we will not investigate.
Final decision
- We will not investigate Mr Y’s complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman