Summary: We will not investigate Mr X’s complaint the Council failed to remove weeds from its land which he says have caused damage to his property. The courts are better placed to consider his complaint and we could not achieve the outcome he wants.

The complaint

1. Mr X complained weeds from Council-owned land damaged his plants.
2. Mr X wants the Council to pay him compensation. He also wants it to ensure the weeds are sufficiently removed so they will not grow back.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained he has tried to manage the weeds growing into his garden from Council-owned land himself, but recently the problem has got worse, and he can no longer manage to keep the weeds back.
8. The Council responded to say it completed a site visit and considered the weeds on its land were minimal. It was satisfied it did not need to take any further action to remove the weeds.
9. We will not investigate this complaint as we could not achieve the outcome Mr X wants. The Council has appropriately considered his matter before reaching its position, so we could not order it to remove the weeds or pay him compensation.
10. Mr X’s complaint appears to be that he considers the Council to be liable for damage to his property. We cannot make findings on claims of negligence and liability. These are legal matters only insurers or the courts can decide. If Mr X considers the Council negligent or liable for damage to his property, it is reasonable for him to make a claim on the Council’s insurance and, if needed, pursue the claim at court. The courts can decide if the Council is liable for any damage and if so, whether to award Mr X compensation.

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Final decision

11. We will not investigate Mr X’s complaint because we cannot achieve what he wants and if he considers the Council negligent or liable for any damage to his property, it is reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman