The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to remove material it deposited on a verge and ditch. Further investigation will not lead to a different outcome
The complaint
Mr X complains the Council refuses to clear spoil from a verge and ditch which are his responsibility.
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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council that material had been deposited on a verge and ditches next to his property. He says the Council removed 90% of the material and an Officer advised it would return to remove the remainder.
The Council’s policy states: “(iii) All waysoil shall be returned to verges and hedgebanks whenever possible, when the following are met: • the verge needs to be repaired for structural reasons e.g. Overriding by vehicles, or to facilitate grass cutting or other maintenance work.
• the verge is within five kilometres of the source of the waysoil, and the general character of the underlying soil is similar.
• consideration has been given to the drainage and ecological implications” The Council confirms it owns the verge on which the spoil has been deposited which has no special status. It says Officers have inspected the site and are satisfied with the condition of the verge and drainage.
I understand Mr X wants the Council to warn him or the parish council before dumping any more material. However, the Council has confirmed it does not notify adjoining landowners when depositing soil as there should be no direct consequences.
Final decision
We will not investigate Mr X’s complaint because the Council removed 90% of the original material deposited on its own property. It has inspected the site and is satisfied with the condition. Further investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman