Summary: We will not investigate this complaint about damage to a street tree as there is insufficient personal injustice caused to the complainant to warrant our further action.

The complaint

1. Mr X complains about delay by the Council in dealing with a damaged street tree near to his home that he reported to it. Mr X is concerned it is a trip hazard and does not want to see public funds being spent should someone make a claim against the Council following an injury accident.

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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 (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. While I recognise Mr X’s concerns and dissatisfaction, from our perspective, he is not caused a sufficient level of personal injustice to warrant our further action. We have limited resources and must direct them to the most serious cases. This is not such a case.
7. Any potential impact to the public purse is not something we can investigate, as per paragraph three.

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Final decision

8. We will not investigate Mr X’s complaint because he is not caused a level of injustice that would warrant our further action.

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Investigator's decision on behalf of the Ombudsman