Summary: We will not investigate this complaint about a grass verge near the complainant’s home. This because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council made him remove boulders from the grass verge outside his home. He says he needs the boulders to protect his property and the verge from damage. He says boulders are often placed on verges and the Council has discriminated against him by making him remove them.

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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 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 Mr X and the Council. This includes the complaint correspondence and an update from the Council about repairs. I also considered our Assessment Code.

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My assessment

4. Mr X placed boulders on a grass verge near his home to protect the verge and his property from damage. He says vehicles drive over the verge causing damage. The Council asked Mr X to remove the boulders because they were an obstruction.
5. The Council is aware vehicles sometimes drive over the verge due to the road layout and it has, where appropriate, placed verge posts. The Council has also carried out a safety inspection, installed additional signs, and carried out a speed audit. The Council recently inspected the verge and, while there are no hazards, says it will do some edging repairs during the next financial year. The Council says damage to the verge is likely to re-occur due to the layout and volume of traffic. It explained it would not be possible to find out which vehicles cause the damage and there is no enforcement action it can take.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. The verge is part of the highway which Mr X does not own. The power to install or remove boulders rests with the Council, not Mr X. This does not represent discrimination but rather that the Council will only place boulders where it is safe and appropriate.
7. The Council is aware there are problems in the area but, as described above, the Council has taken action to address them. There is nothing to indicate we need to start an investigation.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman