Summary: We will not investigate Miss X’s complaint about the Council’s refusal to clear mess and obstruction from an alleyway behind her property. This is because there is not enough evidence of fault.

The complaint

1. Miss X complains about the Council’s refusal to clear the alleyway behind her property. She says the alleyway is inaccessible due to obstructions, the overgrown trees have damaged her property, and the mess has attracted rats.

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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))

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s public records show the land in question is not listed as a highway or public right of way. The Council denies ownership and so denies any duty to clear the land from obstructions, rubbish or pests.
6. The Council has no duty to take action when it is not the owner or occupier of the land. There is not enough evidence of fault for me to investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman