Plymouth City Council (24 021 925)

Category : Environment and regulation > Other

Decision : Closed after initial enquiries

Decision date : 02 Jun 2025

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint the Council failed to fully remove overgrown bramble from the rear of her property. Further investigation would not lead to a different outcome.

The complaint

  1. Ms X complained the Council failed to maintain a bramble bush at the rear of her property. She said this caused damage to her fence. She said the Council had recently cut back the bramble but had not completed the job properly. She said she and her father had to remove the remaining brambles which was upsetting and affected their health. Ms X wants the Council to remove the remaining bramble cuttings and the broken fence.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X contacted the Council in Autumn 2024 about the bramble. The Council completed a visit and agreed to cut it back. It completed that at the start of 2025. The Council disagreed with Ms X’s view it had not completed the job properly. It said it had reviewed photographs of the work completed and checked its mapping scheme. It said it had cleared any vegetation up to Ms X’s property.
  2. We will not investigate this complaint. The Council had removed the bramble it is responsible for. It is not responsible for removing Ms X’s old fence. The Council has also confirmed it has added maintenance of the bramble to its annual schedule. Further investigation by the Ombudsman will not lead to a different outcome.

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Final decision

  1. We will not investigate Ms X’s complaint because further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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