Summary: We will not investigate Mr X’s complaint about the Council’s failure to maintain a hedge which he says has caused damage to his fence. Nor will we investigate how it communicated with him about this. This is because we are unlikely to find fault with the Council’s decision and an investigation by us would not lead to a different outcome. Additionally, the courts are better placed to consider Mr X’s complaint about damage to property.

The complaint

1. Mr X complained the Council told him it would not trim a hedge it is responsible for. He said the hedge has caused damage to his fence which he has had to pay to replace. He wants the Council to trim the hedge three times a year or remove it to ensure there will be no more damage in the future.
2. Mr X also complained he has experienced poor communication from the Council about this issue.

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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, or
• we cannot achieve the outcome someone wants, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. 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

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

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My assessment

7. In Summer 2024, Mr X asked the Council to trim a hedge on Council-owned land so that it would not damage his fence. The Council responded to say it would complete the work in September 2024, after the bird nesting season.
8. In October 2024, Mr X contacted the Council again to ask why the work had not yet been completed. The Council responded to say it would not be cutting back the hedges, despite previously telling him it would.
9. Mr X then complained to us about the Council’s decision not to cut the hedge. After he complained to us, the Council contacted Mr X to explain it had made a mistake and it did in fact plan to trim the hedges during the winter. It apologised for being unclear in its earlier communications.
10. We will not investigate the Council’s decision to cut the hedges after September 2024 instead of during September 2024. It is unlikely we would find fault with the Council’s decision to plan the works for a different time of year.
11. Additionally, we will not investigate how the Council decides to maintain the hedge because we could not achieve the outcome Mr X wants. Mr X wants the Council to cut the hedge three times a year or remove it. We cannot tell the Council how to carry out maintenance, it is for the Council to plan how it uses its resources.
12. Nor will we investigate how the Council gave Mr X conflicting information about when it would complete the works. The Council has already acknowledged it made a mistake which resulted in unclear communication and has apologised to Mr X for this. Further investigation by us into this matter would not lead to a different outcome.
13. Lastly, we will not investigate Mr X’s complaint that he has had to buy a new fence and will have to do this again in the future due to the Council’s failure to maintain the hedge. If Mr X considers the Council negligent or liable for past or future damage to his property, it is reasonable for Mr X to make a claim on the Council’s insurance and, if needed, pursue the claim at court. We cannot make findings on claims of negligence and liability, and we cannot order the Council to carry out maintenance or remove the hedge. These are legal matters only insurers or the courts can decide. I have not seen anything to suggest it would not be reasonable for Mr X to take the matter to court.

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Final decision

14. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s decision and we could not achieve the outcome he wants. If Mr X considers the Council liable for damage to his property, it is reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman