Summary: We will not investigate this complaint about the Council’s decision relating to Miss X’s report of a high hedge. The Council investigated the report and decided it could not take any action. It is unlikely we would find any fault in its decision.

The complaint

1. Miss X said she was unhappy the Council decided not to take action, after she told it about a high hedge between a neighbour and herself. She said the Council’s decision meant she is inconvenienced by the hedge and it blocks her light.

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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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. There is legislation that allows the Council to take formal action in cases where a high hedge causes nuisance and other problems for residents. It says shrubs of more than two plants, in a line, can also be considered under this legislation.
7. Miss X told the Council about her concerns relating to a high hedge. The Council sent an officer to investigate. Following this the Council decided it could not take any formal action because it was a shrub of only one plant.
8. We will not investigate this complaint because it is unlikely we would find fault the Council decided on this occasion not to take any action. It gave Miss X advice on how to approach this, but said it was a private matter between her and her neighbour. That is appropriate and, in any case, we could not direct the Council takes any informal action about the matter.

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Final decision

9. We will not investigate Miss X’s complaint because it is unlikely we would find fault it decided to take no further action.

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Investigator's decision on behalf of the Ombudsman