Summary: Ms B complains about the Council’s decision not to proceed with her high hedge complaint. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms B, says the Council’s high hedges guidelines prevent a practical solution to the problem of her neighbour’s tall tree which adversely affects her property. Its decision not to proceed with her high hedges complaint application is unfair.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Ms B, including the Council’s response to her application. I gave Ms B the opportunity to comment on my draft decision and considered what she said.

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What I found

4. Ms B’s garden is adversely affected by a tall tree in her neighbour’s garden which is over 15m high.
5. She completed an application form for a High Hedges Complaint about the tree and submitted it to the Council seeking action which would require her neighbour to remove the tree.
6. The Council considered the application and visited the site. However, it wrote to Ms B to explain her application did not meet the requirements set out in national Government guidance which requires there to be two or more trees. It said that as there was only one tree in her case it had treated her application as invalid and returned to her the application form and fee.

Assessment

7. While the Council’s decision is disappointing for Ms B, there is no evidence of fault in how it dealt with the matter. The Council followed national Government guidelines which state that for a council to deal with an application under the High Hedges Complaints procedure there must be two or more trees involved.
8. There is only one problem tree in Ms B’s neighbour’s garden and so the criterion is not met. The Council properly advised Ms B of this and returned her fee to her.
9. Ms B says no-one from the Council came to visit her but the visiting officer would have been able to see the situation without having to enter her garden. Ms B says her neighbour’s trees are growing over into her garden but she is able to cut those parts which overhang into her garden and she does not need permission to do this. If her property is damaged by her neighbour’s trees then this is a civil matter between the two parties.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman