The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take action over Mr X’s complaint about an overgrown private verge. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s refusal to take action against the owner of a neighbouring property who will not cut back vegetation in a verge alongside the highway. He says this causes his view of traffic to be restricted when he exits his private driveway.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A (6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X lives on a private road which has an exit onto a public highway. He contacted to the Council in 2021 about vegetation in the verge of a neighbouring property which obscured his view of oncoming traffic when he was joining the highway.
The Council replied that the verge was private land and he was also driving from a private road so it would not take any action. It advised him to contact the landowners about the matter. Mr X believes the Council should take action under its highway duty to serve a notice on the neighbour compelling him to cut the vegetation.
The Council does have powers as a highway authority to serve notices on owners who have vegetation obstructing the public highway which could cause a danger or obstruction to users. In this case there is no footway but anything projecting into the road could impede traffic.
The Council should have given a clear explanation of its powers under the Highways Act 1980 to Mr X. However, the powers are not a statutory duty and there is insufficient evidence that the situation warranted the exercise of its powers in this situation. Any notice carries a right of appeal to the magistrates Court and there has to be sufficient reason for a highway authority to take this action.
Final decision
We will not investigate this complaint about the Council’s failure to take action over Mr X’s complaint about an overgrown private verge. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman