Summary: Mrs X complained the Council failed to take timely action in response to her reports about items on grass highway verges causing obstruction. We found fault by the Council but consider the agreed action of an apology, symbolic payment and further contact with Mrs X provides a suitable remedy.

The complaint

1. The complainant, Mrs X, complains the Council has failed to take timely action in response to her reports about neighbours placing rocks and planting bushes on the grass highway verges.
2. Mrs X says there is no room to pass parked vehicles on her narrow road and she regularly gets stuck when trying to leave or return to her property.

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The Ombudsman’s role and powers

3. 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’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I read the papers provided by Mrs X and discussed the complaint with her. I have also considered information from the Council. I have explained my draft decision to Mrs X and the Council and considered the comments received before reaching my final decision.

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What I found

7. The Council was previously made aware through an anonymous report about the issue of rocks and shrubs on the verges at this location in 2022. The Council visited the site and assessed the issue as being a low priority matter in line with its Enforcement Policy. The Council has provided photographs from this site visit.
8. Mrs X reported the issue in early 2023 and sent a subsequent reminder. The Council provided a holding response at the end of August to say the issue was awaiting inspection.
9. Mrs X contacted the Council towards the end of January 2024 to complain that no action had been taken in response to her 2023 report. The Council acknowledged Mrs X’s complaint in mid-February and confirmed it would visit the site that week and, if necessary, would write to properties that had placed items on the highway.
10. The Council visited the site in mid-February to re-evaluate the situation and noted rocks and or shrubs on the highway verge remained at several properties although some had been removed. The Council has provided its record of this visit including photographs.
11. The Council wrote to several properties about the shrubs and rocks that had been noted on the verge in mid-February asking for them to be removed. The residents responded to the Council with reasons why they should not be removed. The Council did not provide an update to Mrs X.
12. Mrs X complained again to the Council in March. The Council provided a response to Mrs X’s complaint in early August and apologised for the delay. The Council offered to meet Mrs X at her home to discuss the issue. Mrs X provided the Ombudsman with a copy of this response.
13. The Council says it was not aware at this point that the Ombudsman had made enquiries as these had been sent to an out of date address. I have reviewed our records and note my enquiry letter to the Council in mid-July was sent to the corporate address we hold and directly to the Council’s Link Officer.
14. The Council has confirmed it is happy to meet Mrs X and other residents to identify if there is a resolution to the issue. The Council also explained it has treated this issue as low priority in line with its Enforcement Policy.
15. In responding to the Ombudsman, the Council has accepted it should have advised Mrs X of the low priority assessment at the outset and that there were long delays in providing a complaint response. This is fault.
16. I am satisfied the delays and failure to manage expectations over a considerable period will have caused Mrs X avoidable frustration and time and trouble in pursuing the matter.

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Agreed action

17. The Council will take the following action within one month of my final decision to provide a suitable remedy for Mrs X:
1. write to Mrs X to apologise for the delay in responding to her reports about items on the highway verges causing obstructions and its failure to manage expectations over a lengthy period and the delay in responding to her complaint;
2. make a symbolic payment of £200 to Mrs X to acknowledge her avoidable frustration and time and trouble in pursuing the matter;
3. arrange to meet with Mrs X (and other residents if Mrs X agrees to this) to discuss the issue if this has not already taken place;
4. following the above meeting(s) the Council should provide a decision in a reasonable timeframe to Mrs X about what, if any, further enforcement action is proposed with the Council’s reasons; and
5. issue a reminder to relevant officers that reports should receive a timely response with any necessary explanation about the Council’s priorities and that complaints should be dealt with in accordance with the Council’s complaints procedure.
18. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
19. The Council should provide us with evidence it has complied with the above actions.

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Final decision

20. I have completed my investigation as I have found fault by the Council but consider the agreed action above provides a suitable remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman