Summary: Mr X complained about the Council’s assessment of his hedge complaint under the high hedges legislation (anti-social behaviour Act 2003). The Ombudsman cannot investigate this complaint. This is because Mr X exercised his right of appeal to the Planning Inspectorate who later rejected the appeal.

The complaint

1. The complainant, whom I shall call Mr X, complained about the Council’s assessment of his complaint about a high hedge next to his property. He says the criteria used for the assessment were not in keeping with government guidance on high hedges.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about high hedge assessments by councils.

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How I considered this complaint

4. I have considered all the information which Mr X submitted with his complaint and Mr X has been given the opportunity to comment on the draft decision.

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What I found

5. Mr X asked the Council to intervene in his dispute with a neighbour over a high hedge on the boundary. The Council assessed the hedge but rejected his complaint that it was causing excessive loss of light. He questioned the method of assessment used by the Council’s appointed tree expert. He says that the expert did not adhere to the government guidance issued on assessing the effect of hedges on neighbouring property.
6. Mr X appealed against the Council’s decision to the Planning Inspectorate which is the proper authority to deal with decisions about high hedges. The Planning Inspector who visited subsequently dismissed the appeal even though Mr X claims she also criticised the Council’s methods.
7. The Ombudsman cannot investigate complaints where there was a right of appeal available to a government minister. The Planning Inspectorate represents the relevant government minister and this matter is outside our jurisdiction.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because Mr X exercised his right of appeal to the Planning Inspectorate who later rejected the appeal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman