The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions when removing vegetation from the complainant’s garden in 2023. This is because the complaint has been made late and there are no good reasons in the delay.
The complaint
Ms X complains the Council wrongly cut down vegetation from her garden in 2023 and sent her an invoice for the works.
Ms X says the Council had no right to do this and she would like the Council to pay her £50,000 compensation.
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 the information provided by the complainant.
I also considered the Ombudsman’s Assessment Code.
My assessment
The events leading up to Ms X’s complaint include the Council issuing Ms X with a Community Protection Notice in 2023 in connection with her garden vegetation. Matters escalated to Ms X’s appeal being dismissed and the Council carrying out the work despite Ms X seeking an injunction to prevent the works being carried out. The injunction was not granted and the Council carried out work which is the subject of this complaint.
We will not investigate as this is a late complaint. The Council work that Ms X complains of occurred in August 2023. Also the Council invoice was sent in October 2023. I see no information to indicate it was not reasonable for Ms X to complain to us within 12 months of becoming aware of the matters she raises with us now.
Final decision
We cannot investigate Ms X’s complaint because her complaint has been late and there are no goods reasons to explain the delay.
Investigator's decision on behalf of the Ombudsman