The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Mr X’s reports of trees overhanging a public footpath. Any injustice the Council’s actions have caused Mr X is not significant enough to investigate further.
The complaint
Mr X complained to us because despite a commitment it would take action in relation to trees, that were partly blocking a public footpath, the Council repeatedly failed to carry out enforcement action. Mr X said this meant the footpath remained partly blocked and it caused him stress in chasing the Council to respond.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X wrote to the Council and complained about lack of action in relation to reports of trees blocking a footpath. The Council replied to Mr X and explained it had received his reports and had initially responded, but not adequately followed these up to ensure the trees were pruned. The Council apologised for this and said it would now take appropriate action. Mr X chased the Council several weeks later and told us he did not get a reply.
Our investigations need to be proportionate. We may consider any fault or injustice to the individual complainant in its wider context, including the significance of any fault we might find and its impact on others, as well as the costs and disruption caused by our investigations. We will normally only investigate a complaint where a complainant has suffered serious loss, harm, or distress as a direct result of faults by the service provider. I am not satisfied any injustice Mr X has suffered because of the Council’s earlier lack of action, is significant enough to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because any injustice is not significant enough.
Investigator's decision on behalf of the Ombudsman