Middlesbrough Borough Council (24 005 453)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 04 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to ground maintenance. Any injustice is not significant enough to warrant an investigation.
The complaint
- Mr X complained the Council did not do enough to properly maintain an open space near where he lived, meaning grass and trees were overgrown. Mr X said this meant it was not able to be used for recreation and was an eyesore.
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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained he repeatedly had to chase the Council to look after the open space near where he lived. He said the Council routinely failed to cut the grass and deal with overgrown trees and he said this had also happened in previous years.
- We will not normally investigate a complaint unless there is good reason to believe that the complainant has suffered significant personal injustice as a direct result of the actions or inactions of the Council. By significant personal injustice we mean where a person has suffered serious loss, harm, or distress as a direct result of any faults.
Final decision
- We will not investigate Mr X’s complaint because any injustice is not significant enough to justify an investigation.
Investigator's decision on behalf of the Ombudsman