Summary: We will not investigate this complaint about a high hedge next to the complainant’s home. The Council does not own the trees, so is not responsible for the alleged damage they are causing, and the complainant needs to follow the high hedge complaint process to enable the Council to consider using its anti-social behaviour powers.

The complaint

1. Miss X says the Council has failed to take action against tall trees on neighbouring land which she says have damaged her property and impact her amenity.

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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. We can 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for a council review or appeal.

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

4. And we cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

5. I considered information provided by Miss X and the Council, which included their complaint correspondence.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has explained it does not own the land on which the trees are located. So, with reference to paragraph 4 above, it is not responsible for the property damage Miss X refers to in her complaint. I understand Miss X is pursuing a separate insurance claim against the landowner.
8. The Council does have other powers, under the Antisocial Behaviour Act 2003, to deal with complaints about high hedges. But Miss X would need to submit a high hedges complaint form to the Council, having first taken all reasonable steps to try to settle the dispute with the landowner. So, with reference to paragraph 3 above, we will not investigate this part of the complaint now, as Miss X needs to go through the high hedge complaint process first.

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Final decision

9. We will not investigate Miss X’s complaint because the Council does not own the tree being complained about, and she needs to follow its high hedges complaint process first.

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Investigator's decision on behalf of the Ombudsman