Summary: We will not investigate this complaint about an altercation between Mr X and a Council officer over work required to an overgrown hedge near the public highway. There is insufficient evidence of any significant injustice which would warrant an investigation.

The complaint

1. Mr X complained about a visit by a Council officer to his home over an overgrown hedge on the footway. He said the officer did not correctly identify himself and that the visit ended in an argument with raised voices.

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The Ombudsman’s role and powers

2. 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, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered the information provided by the complainant and the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says a Council officer visited his home over an overgrown hedge which eh says he was in the process of dealing with. He says the officer wore an identity badge but it was not clearly visible. He says the Officer then began verbally abusing him and he asked him to leave.
6. The Council investigated Mr X’s complaint and its says its officer left the scene after Mr X’s behaviour caused tension.
7. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
8. In this case the accounts of events differ and we cannot say who said what in such a situation. The Council says Mr X has commenced civil proceedings against it and it will await any court disclosure. We have no jurisdiction to investigate matters which are subject to court action.

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Final decision

9. We will not investigate this complaint about an altercation between Mr X and a Council officer over work required to an overgrown hedge near the public highway. There is insufficient evidence of any significant injustice which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman