The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response after Mrs X reported trees and bamboo in her neighbour’s garden. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mrs X, complains the Council has not taken any action in relation to trees and bamboo in her neighbour’s garden. Mrs X is worried the vegetation will damage her home.
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 X and the Council. This includes the complaint correspondence and information following a site visit. I also considered our Assessment Code.
My assessment
In 2024 Mrs X reported trees and bamboo in her neighbour’s garden. Mrs X referred to overshadowing and said she was worried the vegetation would damage her home. In response, the Council said it was a private matter between her and the neighbour. The Council said she could consider contacting her insurance company.
In 2025 Mrs X started legal action against the Council. However, the judge said she must first exhaust all other avenues. The Council then inspected the trees and the bamboo. The officers found the vegetation does not amount to a statutory nuisance and there is no action the Council can take.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded appropriately last year by explaining that her concerns are a private matter she needs to address with her neighbour or owner of the property. Since then, officers have visited and found there is no action the Council can take which, again, reinforces the message that this is a private matter between neighbours.
We could not add anything to the Council’s response, and we could not ask the Council to take action when qualified tree and horticultural officers have confirmed there is no role for the Council.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman