Summary: Ms X complained the Council failed to properly deal with her reports of Japanese Knotweed spreading from a neighbouring property into her garden. We have found no evidence of fault in the way the Council considered these matters and so have completed our investigation.

The complaint

1. I have called the complainant Ms X. She complains the Council failed to properly deal with her reports of Japanese Knotweed (JKW) spreading from a neighbouring property into her garden. Ms X says the matter caused her distress and affected the potential sale of her property.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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 34H(i), as amended)

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How I considered this complaint

4. I read the information sent by Ms X and spoken to her about the complaint. I considered the Council’s comments on the complaint and the supporting documents it provided. I considered information about JKW and the law relating to Community Protection Notices.
5. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The Council’s policy on Japanese knotweed

6. The Council’s website explains it does not maintain land that is privately owned or the responsibility of registered social landlords. Its advice about JKW is contained in ‘invasive plants on private land’. The advice says-
• ‘It is not illegal to have Japanese Knotweed on your land
• You do not need to notify anyone about Japanese Knotweed on your land
• You are not obliged to remove or treat Japanese Knotweed, but you must not:

-allow Japanese Knotweed to spread onto adjacent land - the owner of that land could take legal action against you;

-plant or encourage the spread of Japanese Knotweed outside of your property - this can include moving contaminated soil from one place to another or incorrectly handling and transporting contaminated material and plant cutting’.

7. The Council also provides a JKW guidance sheet which contains advice on controlling knotweed. The Council’s website says a person can risk a fine or prosecution if they do not deal with or dispose of invasive plants and harmful weeds properly.

Community Protection Notices (CPN)

8. A council may serve a CPN if it decides that someone’s conduct is “having a detrimental effect of a persistent or continuing nature on the quality of life of those in the locality and that conduct is unreasonable.” The CPN can require the person to stop doing something or to take action. The Council must be satisfied that it has reasonable grounds to serve a notice.

What happened in this case

9. Ms X contacted the Council in June 2022 and reported JKW growing in her garden. Ms X had arranged a survey which identified the JKW came from a neighbouring property and advised the neighbour to carry out a professional treatment programme to remove the plant. Ms X said her neighbour admitted being aware of the JKW for some time but had been pulling it up. Ms X was concerned about the neighbour’s actions and the effect of the plant onto her property.
10. A Council officer came to Ms X’s house to carry out a site visit. Ms X was not at home, but the officer spoke to the neighbour and offered verbal advice on removing the JKW.
11. Ms X complained to the Council in July 2022 the officer came to her house unannounced while she was at work. The officer did not speak to her or look at her photographs of the JKW and property survey. But spoke directly to her neighbour and gave advice to pull the JKW up. Ms X said the advice was contrary to government advice on treating JKW which needed a professional treatment plan.
12. Ms X asked the Council to retract the advice and provide correct advice to the neighbour. Ms X said the Council failed to address her neighbour’s anti-social behaviour due to the JKW. Ms X wanted the Council to exercise its antisocial behaviour powers to enforce her neighbour to treat the JKW properly. And to provide her with a copy of its recommended treatment plan which would help when she put her house up for sale.
13. The Council responded to Ms X’s complaint. The Council apologised for any inconvenience caused by the officer arriving unannounced at Ms X’s property. It said the officer had made direct contact with Ms X about the matter after the site visit. The Council explained JKW was an invasive species and so the responsibility of the landowner to prevent the plant spreading to neighbouring land. The JKW needed removing with due care and attention. The Council noted Ms X and her neighbour’s properties were privately owned and so not the Council’s responsibility. The Council advised Ms X to consider its website information on approaching the challenge of JKW.

The Council’s response to the Complaint

14. The Council confirms that where problems with JKW occur in neighbouring gardens it will always suggest a resident speaks or corresponds with their neighbour about controlling the difficult weed. This is according to its policy. The policy gives homeowners guidance on what they should do about JKW on their property. It clearly states they should aim to control the plant to prevent it becoming a problem in their neighbourhood. If it has a detrimental effect of persistent or continuing nature on the quality of life of those in the locality legislation could be used to enforce its control.
15. The Council considered Ms X’s neighbour was receptive to advice given and willing to take action to control the JKW. So, the Council did not consider it necessary to escalate the matter to its Environmental Health enforcement team. This team have the powers to use legislation to enforce its control.

Assessment

16. It was unfortunate Ms X was not at home when the officer called to carry out a site visit. The Council apologised to Ms X and the officer spoke to her afterwards. This is suitable action for the Council to take.
17. While Ms X is understandably concerned about any impact the JKW might have on her property, the Council has investigated, spoken to her neighbour, and referred to its advice. This is according to the Council’s policy on invasive plant species. It is satisfied the neighbour has been receptive to its advice and that no enforcement action is required. This is a decision the Council is entitled to make. There is no evidence of fault in the way the Council reached its decision and so we cannot question the merits of it.
18. I recognise that Ms X wishes the Council to take action against her neighbour for anti-social behaviour due to the JKW. The law says that, to serve a CPN, the Council must be satisfied the person’s conduct is unreasonable and having a persistent and detrimental effect on the quality of life of other people in the area. The Council has decided this threshold is not met given the neighbour’s willingness to take action to control the JKW. The Council’s decision is consistent with the law so there is no evidence of fault in the way the Council made its decision.
19. If Ms X considers the issue with JKW remains, then it is open to her to raise it as a further issue with the Council. It will then be for the Council to consider the matter further and decide if it needs to take any enforcement action.

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Final decision

20. I am completing my investigation. There is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman