Summary: We will not investigate Mr X’s complaint about the Council’s charges for investigating high hedge complaints because there is insufficient evidence of fault.

The complaint

1. Mr X complained about the Council’s fee for investigating high hedge complaints. Mr X said the Council’s £3,800 charge is too high compared with other councils.
2. Mr X said the matter caused him distress and frustration.

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The Ombudsman’s role and powers

3. 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. (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. The Council charges £3,800 to investigate complaints about high hedges. The law says a council can charge a fee for this service “as the authority may determine” (Anti-Social Behaviour Act 2003, s68(1)(b)).
7. Although Mr X feels the charge set by the Council is too high, the law allows the Council to set charge as it sees fit. There is no additional guidance or indication which limits how councils determine the fee.
8. Consequently, there is insufficient evidence of fault to warrant an investigation, and so we will not investigate this complaint.

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Final decision

9. 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