The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to carry out maintenance work on privately-owned land. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s failure to clear undergrowth from a private alleyway which serves the rear of his property. He says no individual ownership can be established so the Council should maintain the access at public expense.
The Ombudsman’s role and powers
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 we could not add to any previous investigation by the organisation, 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says there is an alleyway at the rear of his house over which he and 16 other households have a right of access. The alleyway has become overgrown with weeds and bamboo which affects access. His property deeds indicate a right of access but there is no reference to ownership or maintenance.
In the absence of an identified owner Mr X asked the Council to accept responsibility for maintaining the access. The Council told him the alleyway is private land and it has no duty to cut back the weeds at public expense. The access is limited only to the householders and they must decide between themselves how the private access is to be maintained.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. This means we will not intervene in disagreements about the merits of decisions. In this case the Council has advised Mr X about the limit of its responsibility with regard to private highways and there is no evidence of fault.
Final decision
We will not investigate this complaint about the Council’s refusal to carry out maintenance work on privately-owned land. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman