Summary: We will not investigate Mr X’s complaint about how the Council managed land it owned, including communication it sent to Mr X. There is no significant injustice and there is no worthwhile outcome an investigation can achieve.

The complaint

1. Mr X complained about how the Council managed land it owned, bordering his property, saying it had not been properly maintained and consequently overgrown trees had damaged his property. Mr X said the land is now a blight on his property and is affecting his wellbeing.

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The Ombudsman’s role and powers

2. 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, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X was unhappy, saying the Council should do more to maintain its land, because it was shown as accessible space in the Council’s local plan. He said overgrown trees had caused damage to his fencing. He was also unhappy with the content of a letter the Council sent about this matter saying it was libellous.
6. We will not investigate this matter, because there is no significant injustice to Mr X, in how the Council manages the land, including written communication it sent, reminding residents it was Council land.
7. Additionally, if Mr X believes the Council is liable for damaged property, he would need to approach the Council’s insurers to seek compensation, or if necessary, the courts, because we cannot award damages or decide on liability.
8. Mr X wants the Council to develop the land in a particular way and is seeking staff who are responsible for managing the land, to be disciplined. We cannot achieve either of these as an outcome and there is therefore no worthwhile outcome an investigation can achieve.

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Final decision

9. We will not investigate Mr X’s complaint because there is no significant injustice caused by the fault Mr X complains about and there is otherwise no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman