Summary: We will not investigate this complaint about the Council’s demand that the complainant removes stones they have placed on the highway verge. There is not enough evidence of fault in the Council’s actions. Nor would further investigation lead to a different outcome. Finally, we cannot achieve the outcome the complainant is seeking.

The complaint

1. The complainant, I shall call Mr X, complains for his wife, I shall call Mrs X.
2. Mr X complains the Council is threatening to act under the Highways Act 1980 to force them to remove two stones in the verge outside their home. He says the stones have been in place for 18 years and are there to prevent damage to the verge.
3. Mr X wants the Council to allow the stones to remain.

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The Ombudsman’s role and powers

4. 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council recognises the stones have been in place on the verge for at least 15 years. It confirms it has not received any previous complaints so therefore took no action. However, during a routine inspection, the stones were noted. It wrote to Mrs X advising that obstruction of the highway is not permitted and required the stones to be removed. It advised if they are not removed within seven days it will serve notice under the Highways Act 1980, requiring removal of the stones. If they are still not removed, the Council confirmed it may remove them and charge Mrs X for all associated costs.
8. I understand Mr X considers it is unreasonable for the Council to require the removal of the stones and wants them to remain. However, the Council says it has inspected the site and considers the stones are obstructing the highway. It demands they are removed. If Mr X chooses not to remove the stones, the Council may serve notice.

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Final decision

9. We will not investigate Mr X’s complaint because:
• the Council is entitled to require him to remove the stones which are on the highway
• further investigation of this matter will not lead to a different result; and
• we cannot direct the Council to allow the stones to remain.

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Investigator's decision on behalf of the Ombudsman