Dorset Council (21 010 277)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 18 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of a high hedge dispute between neighbours. This is because there is not enough evidence of fault to justify an investigation.
The complaint
- Mr X says the Council did not take proper action when he reported a high hedge dispute with his neighbour.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
- I considered relevant Government guidance.
My assessment
- The Anti-social Behaviour Act 2003 allows a householder to ask a council to intervene in a dispute over high hedges. Councils may issue a remedial notice on what the reasonable height of a particular hedge should be. Councils may make a charge for their involvement in the procedure.
- A Tree Officer from the Council carried out a site visit to assess the issue that
Mr X reported. Based on this assessment, the Council explained to Mr X that even if it were to take formal action, changes to the hedge would be minimal. The Council advised him that he could pay a fee to take formal action should he wish to do so. - The Council’s response to Mr X was in line with Government legislation and guidance. The Council has visited the site and provided Mr X with advice regarding its view on the height of the hedge. Therefore, there is not enough evidence of fault by the Council to justify an investigation.
- Mr X is still able to pay the fee and seek formal action via the high hedge legislation if he wishes to do so.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman