The Ombudsman's final decision
Summary: We will not investigate the Council’s response to Mr X’s complaint about his neighbour’s overgrown trees, hedges and shrubs. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no fault in the Council advising Mr X this is a civil matter between him and his neighbour.
The complaint
Mr X complains about the Council’s response to his complaint about his neighbour’s overgrown trees, shrubs and hedges blocking his light and potentially damaging his garden.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’ causing an injustice. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because the vegetation complained about is on private land belonging to his neighbour. There is no fault in the Council’s response.
Investigator's decision on behalf of the Ombudsman