Summary: We will not investigate this complaint about the Council’s failure to keep land next to the complainant’s home weed-free or to reinforce the complainant’s fence. There is not enough evidence of fault in the Council’s actions to justify our involvement.

The complaint

1. The complainant, I shall call Mrs X, complains the Council wrongly removed trees from its land next to her home. She also complains following the removal of the trees and vegetation the Council fails to maintain the land and keep it free of weeds.
2. Mrs X says the weeds have grown through her fence and she wants the Council to add panels to her fence to prevent weeds entering her garden.

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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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X asked the Council to clear branches and bushes on its land away from her fence. This resulted in more work than she expected, and she complained her property was more exposed with reduced privacy. Mrs X also complained the area was a mess with weeds, nettles and tree stumps. She requested the area be tidied up and vegetation replanted.
7. The Council confirmed it reduced the height of hedges on communal land. It said it would inspect the area and treat the weeds. However, it advised replanting is not work that it typically carries out.
8. The Council completed routine winter maintenance and weed control. It agreed as an exception to plant new bushes. However, it warned this will take time as this work is completed in the winter.
9. Mrs X complained again that, although new plants are now in, weeds are coming through her fence. She asked the Council to add panels to her fence to close the gaps. The Council agreed to strim the area and treat it with weedkiller. However, it confirmed it will not work on Mrs X’s fence.
10. So, in response to Mrs X’s complaints, the Council has removed overgrown vegetation, treated the area with weedkiller and planted new shrubs.
11. The Council is not responsible for the privacy or security to Mrs X’s home which may have been provided previously by trees and vegetation growing on its land. Nor is it responsible for reinforcing Mrs X’s fence.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the Council’s actions to justify our involvement.

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Investigator's decision on behalf of the Ombudsman