The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about the Council allowing hedges to grow too tall next to her driveway. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mrs B complains the Council is failing to keep the roadside hedges to a safe height on the street where she lives. Mrs B says it is not safe to reverse out of her driveway because she cannot see oncoming traffic. Mrs B would like the Council to lower the height of the hedges so she and other residents can reverse out safely.
The Ombudsman’s role and powers
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 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))
How I considered this complaint
I considered information provided by Mrs B including a photograph of the hedges she is complaining about. I have viewed the area on Google Streetview.
I considered the Ombudsman’s Assessment Code.
My assessment
There is not enough evidence of fault to justify an investigation. The Council has explained to Mrs B its approach to maintenance of these hedges and the benefits the hedges provide. Mrs B’s photograph does not suggest these hedges are particularly high.
Mrs B may exit her driveway in a forward gear to help see oncoming traffic. Also, if Mrs B remains concerned about visibility, she could ask the Council if it will allow her to trim the hedges next to her driveway as and when needed.
Overall, an investigation by the Ombudsman is not justified.
Final decision
We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman