Summary: We cannot by law investigate this complaint about the Council’s alledged failure to properly handle a dispute about the complainant’s neighbour’s hedge. The issues raised have been considered by the Planning Inspectorate and we therefore have no jurisdiction to investigate.

The complaint

1. The complainant (Mrs X) complains about the Council’s failure to properly handle her complaint about a neighbour’s hedge. She says the hedge is overgrown and overshadowing her property. Mrs X adds the Council failed to consult with other neighbours about the hedge.
2. In summary, Mrs X says the lack of action by the Council in respect of the hedge is affecting her use and enjoyment of her property. She also says the issues are affecting her mental health. As a desired outcome, Mrs X wants the Council to review its consideration of her complaint about the hedge.

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The Ombudsman’s role and powers

3. 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).

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How I considered this complaint

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

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My assessment

5. I recognise Mrs X’s reasons for making a complaint, but the issues raised have been considered by the Planning Inspectorate (acting on behalf of the relevant secretary of state) and we therefore have no jurisdiction to investigate.

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Final decision

6. We cannot by law investigate this complaint as the restriction I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman