The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council pruning Mrs X’s hedge. This is because any injustice was remedied during the Council’s complaint process.
The complaint
Mrs X complains the Council pruned the hedge to her front garden which she had been growing to stop people from getting onto her property and destroying her garden.
Mrs X would like the Council to install fencing and pay her compensation for the distress caused.
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 or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council pruned Mrs X’s hedge whilst attending to a different job. The hedge was encroaching on to the public footpath. This was done to be helpful rather than with ill intent.
Mrs X says this has caused her anxiety as she is now worried about antisocial behaviour from other residents.
The Council apologised to Mrs X in the complaint response for the distress caused. This is sufficient remedy and we would not be able to achieve any more for Mrs X.
We will not investigate this complaint for the reasons stated in paragraphs 3 and 4 above.
Final decision
We will not investigate Mrs X’s complaint because any injustice was remedied during the Council’s complaint process.
Investigator's decision on behalf of the Ombudsman