The Ombudsman's final decision
Summary: We will not investigate this complaint about delay in removing a tree stump from the public highway outside of the complainant’s property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council has now removed the tree stump and there is nothing more we could achieve.
The complaint
The complainant, Mrs X, complained the Council had failed to remove a tree stump from the public highway outside of her property.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate this complaint. The Council has removed the tree stump from outside the complainant’s home and there is nothing more we could achieve.
Investigator's decision on behalf of the Ombudsman