The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his complaint about a high hedge. The complaint is late and there is no good reason to investigate now.
The complaint
Mr X complains the Council has failed to act following his complaint about a neighbour’s high hedge. He says the hedge blocks light into his garden and the Council’s lack of action has caused frustration and distress. He wants the Council to instruct his neighbour to cut their hedge to a maximum height of two metres.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 contacted the Council about a neighbour’s high hedge in April 2023. He first approached us in October 2023. At that time, we decided the complaint was premature as he had not completed the Council’s complaints process. We advised him to complain to the Council and if he remained dissatisfied once he had completed the Council’s complaints process, he could bring the complaint back to us. Mr X did not approach us again until April 2025.
We will not investigate this complaint. If Mr X remained dissatisfied, he could have brought the complaint back to us sooner. Therefore, the complaint is late. There is no good reason to exercise discretion to consider it now.
Final decision
We will not investigate Mr X’s complaint because the complaint is late and there is no good reason to investigate now.
Investigator's decision on behalf of the Ombudsman