Summary: We will not investigate this complaint about the Council completing works on overgrown vegetation at Mrs X’s property following an enforcement notice. This is because it would have been reasonable to expect Mrs X to appeal to court about the notice and there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs X complained she received an enforcement notice regarding overgrown vegetation from her property. Mrs X is unhappy with the amount of time the Council allowed her to complete the works before undertaking them itself and charging her.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X says she received the enforcement notice but was then on holiday and working away. Mrs X believes the Council did not allow enough time between issuing the notice and completing the works which she was charged for.
8. The notice the Council issued provided details of when the works would need to be completed, the relevant legislation, Mrs X’s right of appeal to the magistrates’ court, and the Council’s contact details.
9. The Council issued the enforcement notice in accordance with the legislation (including the time for compliance) and Mrs X was given all relevant details to allow her to either contact the Council or appeal. There is not enough evidence of fault in the action taken to justify an investigation.
10. It is reasonable to expect Mrs X to have either contacted the Council or used her right of appeal to court if she disagreed with the notice or did not have enough time to complete the works.

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Final decision

11. We will not investigate Mrs X’s complaint because it would have been reasonable to expect Mrs X to appeal to court about the notice and there is otherwise not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman