Summary: We will not investigate Mr X’s complaint about the Council’s response to his neighbour’s overgrown garden. There is insufficient evidence of fault to justify investigation.

The complaint

1. Mr X complains the Council has not taken action to address his neighbours overgrown garden. He says the garden creates to much pollen and attracts foxes and rodents.

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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 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. Mr X reported his neighbour’s overgrown garden to the Council. He explained the garden was causing him a nuisance due to pollen, foxes and rodents.
7. The Council investigated, included inspecting both Mr X’s garden and the neighbour’s garden. The Council found no evidence of rodents or foxes in the neighbour’s garden. The Council explained to Mr X they would not take enforcement action.
8. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation has followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, even if someone disagrees with it.
9. There is not enough evidence of fault in the Council’s processes here to warrant an investigation. Officers followed their investigative process and gathered relevant information to reach their decision not to take further action. We recognise Mr X disagrees with the Council’s decision. But it is not fault for a council to properly make a decision with which someone does not agree.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman