Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action in relation to the maintenance of land next to a public right of way used by Mr X. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council has failed to enforce legal obligations which fall to landowners under riparian ownership to take action to maintain ditches next to a public right of way he uses. He says this has resulted in years of poor maintenance and flooding of the right of way.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. It is not our role to act as a point of appeal against decisions made by councils with which complaints disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
7. Mr X says the photographic evidence he has provided supports his claim that the Council should be taking enforcement action. However, the Council considered his photos and information but decided it did not have grounds on which to base enforcement action. This is a decision the Council is entitled to make and we cannot review the merits of it.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman