Nuneaton & Bedworth Borough Council (20 001 696)
Category : Other Categories > Land
Decision : Closed after initial enquiries
Decision date : 07 Aug 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about the Council failing to address vegetation on public land encroaching onto the complainant’s land. This is because it is unlikely that an investigation by the Ombudsman would lead to a different outcome.
The complaint
- The complainant, whom I refer to as Miss X, complains that vegetation from Council owned land behind her property is encroaching on her land.
The Ombudsman’s role and powers
- it is unlikely we could add to any previous investigation by the Council, or
- it is unlikely further investigation will lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered Miss X’s complaint and her correspondence with the Council. I also considered information provided by the Council. I invited Miss X to comment on my draft decision and considered her additional evidence.
What I found
What happened
- There is a public space behind Miss X’s house that falls under the responsibility of the Council.
- Miss X complains that vegetation from the public space was not maintained and has encroached onto her property. Miss X complains that it is time consuming removing it from her property and would like the Council to remove the vegetation from the public space and from her property.
- When Miss X complained to the Council, it advised it would seek a quote to have the vegetation removed from the public land but was restricted in when this could happen due to nesting season.
- Since Miss X’s complaint to the Ombudsman, the Council has removed the vegetation from the public land and has agreed the area will undergo regular maintenance.
- The Council has advised it is not responsible for removing anything from Miss X’s private property, and this remains the responsibility of Miss X.
Assessment
- The Council has carried out the work that was initially suggested to remove the vegetation and maintain the public land area. I believe this to be a suitable outcome of the complaint. I do not think an investigation by the Ombudsman would achieve an alternative outcome.
Final decision
- I will not investigate this complaint. This is because an investigation by the Ombudsman is unlikely to lead to a different outcome.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman