Summary: We will not investigate Mrs X’s complaint about the Council asking her to remove trees she planted in a verge. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complains the Council have asked her to remove trees and artificial grass she added to the verge outside her house. Mrs X says she wants to prevent parking there as it blocks access to her driveway.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council asked Mrs X to remove the trees she planted in its verge. Mrs X complained people are parking there and blocking her drive. She asked the Council to reconsider.
7. The Council considered the evidence Mrs X provided. It said the trees could grow too large for the space, would be a maintenance burden for the Council and had not been given permission. It considered Mrs X’s request for other parking prevention measures but said, due to cost, it prioritises based on safety and number of people impacted.
8. The Ombudsman is not an appeal body. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision, even if a complainant disagrees with the decision made. I see no evidence of fault in how the Council reached its decision to ask Mrs X to remove the trees and artificial grass from its verge.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman