The Ombudsman's final decision
Summary: We will not investigate this complaint about the Authority’s failure to carry out maintenance work on private land next to Mrs X’s home. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mrs X complained about the Authority refusing to remove overgrown trees and vegetation on land adjacent to her home. She says the growth is preventing her access to the rear of her home and making it difficult to take her waste bins to the front.
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: 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.
(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 Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X lives in a property joined on to other homes at either side. She says trees and vegetation have become overgrown on land at the rear of her home which she needs to access to take her waste bins round to the front for collection. She asked the Authority to carry out maintenance of the land to prevent flooding but it told her it has only responsibility for cleaning debris screens and roots from a brook which runs through the overgrown land. It does not believe the site is a significant flood risk and will not carry out additional work at public expense.
The Environment Agency is only responsible for dealing with the possibility of local flooding and in this case it has investigated Mrs X’s complaint but does not consider it can help her with the wider maintenance of the private land because there is insufficient risk of flooding from the brook and culvert.
I can find no evidence of fault on the Authority’s part. The problem with the land is a civil matter and it has no duty to maintain private land.
Final decision
We will not investigate this complaint about the Authority’s failure to carry out maintenance work on private land next to Mrs X’s home. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman