The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters relating to a high hedge on Mr X’s land. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Mr X, questions the way the Council dealt with a report of a high hedge on his land which led to him incurring costs in reducing the hedge and the loss of foliage and habitat in his garden.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council, including its responses to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Following a report of a hedge on Mr X’s property which was adversely affecting another property, a Council officer visited the site and decided there was a case for light obstruction. The Council wrote to Mr X to explain its view and to suggest he consider resolving the matter informally to avoid any possible proceedings under the high hedges legislation.
As a result of this contact, Mr X employed tree surgeons to reduce the hedge height. Subsequently, concerned that he had taken this action unnecessarily, he complained to the Council.
The Council addressed his complaint under its complaints procedure but it explained its officer had found that his hedge had adversely impacted his neighbour. It concluded it had conducted its investigation in an appropriate manner and had been reasonable in its approach with Mr X and his neighbour.
We do not investigate very complaint we receive. In this case, I have seen no evidence to suggest fault affected the Council’s decision or its handling of the matter and we will not investigate it.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman