Summary: We will not investigate this complaint about highway maintenance because there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs Y complained the Council has failed to remove trees which causes obstructions to the footpaths along her road, which she fears causes a safety hazard as well as inconvenience relating to the trying to clear leaves and debris on the pavement and from her property.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 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 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 Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
6. In this case the Council has considered the complaint correspondence, including pictures and other evidence provided by Mrs Y. It has also carried out inspections of trees along her road and of the footpath along it. It has considered its policies, including relating to climate issues, highways maintenance and the risk to the public. The Council has found that the work Mrs Y has requested, including removal of the trees and replacement with smaller ones is not necessary.
7. While Mrs Y may disagree strongly with this decision, the decision has been made properly. While Mrs Y may find it disappointing, we will not investigate this complaint as there is not enough evidence of fault to justify doing so.

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Final decision

8. We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman