Summary: We will not investigate this complaint about damage caused to Miss X’s boundary hedge. This is because it is reasonable to expect Miss X to go to court to determine any Council liability.

The complaint

1. In summary, Miss X complains the Council is responsible for her boundary hedge dying due to it spraying weedkiller on neighbouring grass verges.
2. Miss X is in poor health and is unable to tend to any new hedge. She would like the Council to reimburse her for the costs of a new fence required to stop people walking across her garden.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant. And I considered the Ombudsman’s Assessment Code.

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My assessment

5. I will not investigate because the matter of liability for damages is usually decided in the courts.
6. It is reasonable for Miss X to take the matter to court. The court can decide liability and if Miss X is entitled to claim the costs of a new fence. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be a small court fee.

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Final decision

7. I will not investigate. It is reasonable to expect Miss X to take her claim for damages to the small claims court to decide the Council’s liability.

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Investigator's decision on behalf of the Ombudsman