The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to act on a report of an obstruction of a footpath. The Council has advised the issue is a low priority and we do not consider the complainant has suffered a significant personal injustice.
The complaint
Mr X complains the Council has failed to act on his report of an obstruction on a footpath where he lives. He says he has found dealing with the Council frustrating and wearing.
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 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2023 Mr X told the Council a flag was flying over a public footpath causing an obstruction.
After some months the Council apologised for the delay in responding to his report. It also advised it would write to the resident. However, if the resident refused to move or remove the flag, formal action requiring them to move or remove the flag will be low priority.
Mr X continued to write to the Council asking what the resident was told and when it would take action. The Council continued to advise the issue is low priority.
Final decision
We will not investigate Mr X’s complaint. I understand he finds the issue frustrating and that continuing to chase the Council has been wearing. However, the Council has continued to confirm the matter is low priority. It is for the Council to establish what priority to award a reported concern. It has apologised for the initial delay in responding to his complaint. We do not consider the Council’s actions have caused Mr X a significant personal injustice which justifies an investigation.
Investigator's decision on behalf of the Ombudsman