Summary: We will not investigate Mr X’s complaint about the Council’s response to his reports of overgrown foliage by a road, which he says reduces visibility and is causing a danger for drivers and pedestrians. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has failed to take appropriate action to remove overgrown foliage on a road near his home, which he says is reducing visibility for drivers. He says this is putting drivers and pedestrians at risk.

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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 there is not enough evidence of fault to justify investigating.

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

3. 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)

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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. In its complaint response to Mr X, the Council said its road safety team had reviewed the matter on several occasions and had assessed the risk. It said it considered the risk presented by the presence of the foliage was low.
7. It also said it was in contact with the landowner and had advised them to maintain the foliage. It would monitor this going forward and intervene again, if required.
8. We will not investigate this complaint. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
9. The Council has considered Mr X’s concerns and completed a risk assessment. It is satisfied that, at present, the risk is low, and no further action is needed. Although Mr X may disagree with this, there is insufficient evidence of fault how it has reached this decision to warrant an investigation.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman