Summary: We will not investigate Mr X’s complaint about the Council’s decision not to replace wooden posts on a grass verge close to his home. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Mr X, complains about the Council’s decision not to replace wooden posts which were previously installed on a grass verge close to his home to prevent parking and protect the verge.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start 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))
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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

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

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My assessment

7. Mr X complains about the Council’s decision not to replace wooden posts installed in 2014 on a grass verge near to his home to protect the verge and preventing parking.
8. The Council informed Mr X that, in line with its current verge maintenance policy, it no longer replaces wooden posts at public expense.
9. The Council previously had a budget for this, but due to budgetary constraints, this is no longer the case. It is not obliged to maintain verges to a certain standard and it uses the available funds to carry out safety repairs on footpaths and highways. However, it can facilitate the installation of wooden posts at a resident’s expense if this is requested and it meets the criteria set out in its policy.
10. We will not investigate Mr X’s complaint. This is because, whilst I acknowledge his dissatisfaction with the Council’s decision there is no sign of fault by the Council here. It is acting in line with its current policy. It has also explained the reason for the policy change and its need to focus its limited funds on other areas. We are not an appeal body and it is not our role to question the merits of the Council’s decision where, as here, there is no sign of fault in the way in which it was reached.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman