Summary: We will not investigate Mr X’s complaint about Japanese knotweed and other weeds on Council-managed land causing damage to his property. Part of the complaint is late, an investigation would be unlikely to lead to a different outcome and if Mr X considers the Council to be negligent and liable for damage to his property, this is better considered by a court.

The complaint

1. Mr X complains the Council has failed to act to prevent the spread and eliminate Japanese knotweed on a nearby highway and to remove other weeds on Council-managed land that are damaging his property. He says the matter is causing distress and reducing the value of his property.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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)
4. 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 further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

7. The Council’s Japanese knotweed management plan states that where the plant is identified on Council land, it will treat it by spraying it with approved herbicides twice a year. This treatment plan aims to contain it and prevent further spread, with the aim of eliminating it within six years.
8. Mr X says he became aware of Japanese knotweed on a Council- maintained highway near to his property in 2023 and first contacted the Council at this time. We will not investigate the Council’s actions prior to 2024 because this part of the complaint is late. If Mr X was dissatisfied with the Council’s actions before this time, I can see no good reason why he could not have approached us sooner.
9. Mr X complained about the matter again in 2024. Its contractor visited to assess the site in May and October 2024 but did not find evidence of Japanese knotweed during either visit.
10. The contractor made a further site visit in May 2025. During this visit, they did find evidence of Japanese knotweed by the highway. They treated the area and arranged to treat it again in October 2025. They added the area to the schedule for ongoing treatment every six months in line with its Japanese knotweed management plan.
11. In response to his complaint about other weeds encroaching onto his property, the Council agreed to remove the weeds and add the area to its spraying schedule. It apologised that it had missed spraying the area in May 2025. It said it would ensure the area was sprayed at the next visit which was due in September 2025.
12. We will not investigate this complaint. The Council has responded appropriately to Mr X’s recent concerns. It conducted site visits and when it found evidence of Japanese knotweed, it acted in line with its policy. It agreed to remove the other weeds and spray the area to help prevent them returning. It apologised for missing the area in May 2025, which is appropriate remedy for any frustration or inconvenience caused. This is an appropriate response to Mr X’s concerns and an investigation is unlikely to achieve a different outcome.
13. We cannot decide whether the Council has been negligent or whether it is liable for any damage or reduction in value of Mr X’s property. Only a court can do this. If Mr X considers the Council has been negligent, he can pursue a claim through the Council’s insurers, and if dissatisfied with the outcome, take the matter to court.

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Final decision

14. We will not investigate Mr X’s complaint because part of the complaint is late, an investigation is unlikely to lead to a different outcome and if Mr X considers the Council liable for damage to his property, it is open to him to pursue the matter through the Council’s insurers and if necessary, the courts.

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Investigator's decision on behalf of the Ombudsman