Summary: We will not investigate this complaint about the Council’s decision not to continue to maintain land on Mr X’s housing estate. 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 estate he lives on has been singled out by the Council and treated differently to other estates when it decided to stop the maintenance of green spaces within it which he says are highway land. He says maintenance should be reinstated in line with other housing estates in the area.

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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 and the Council, 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 complainants disagree. We cannot question council decisions or policies if they have followed the right steps and considered the relevant evidence and information.
7. In responding to Mr X’s complaint about this matter the Council confirmed the matter had been reviewed and that the areas of land in question are not Council owned and that while it had been maintaining them for a period of time, it was not obliged to continue doing so. It explained that it had had to consider its challenging financial position and the appropriate use of public money.
8. While this is a disappointing decision for Mr X, it is one the Council is entitled to make and there is no evidence to suggest fault affected it. The Council has previously explained to Mr X why plots on other estates are at present being treated differently because they fall under the category of having no registered owner or they are owned by the Crown, likely as a result of assets being passed to the Crown when housebuilders have gone into liquidation.

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Final decision

9. 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