Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her complaint about a high hedge. Part of the complaint is late, and further investigation is unlikely to achieve a different outcome or achieve what she wants.

The complaint

1. Mrs X complains the Council took too long to issue a remedial notice requiring a neighbour to reduce the height of a hedge. She also says the Council delayed responding to her complaints and that there has been further delay in resolving an appeal against the notice.
2. Mrs X says the delay has caused her stress and financial loss. She would like a decision on the appeal, the hedge cut by summer 2025, a formal apology and financial compensation.

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The Ombudsman’s role and powers

3. 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)
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 or achieve what the complainant wants. (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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X says she has been pursuing the matter with the Council since 2022, but only brought her complaint to us in March 2025. The events before March 2024 are late. Mrs X could have complained to us sooner and there is no good reason to exercise discretion to investigate this early part of her complaint now. Therefore, we will not consider this part of the complaint.
8. In July 2024 the Council accepted it had delayed assessing her complaint. It apologised to her for this and refunded costs she had incurred raising the matter. This is a suitable remedy for any distress caused. It is unlikely an investigation by us would lead to a different outcome or achieve anything more.
9. The Council issued the remedial notice in December 2024. Mrs X’s neighbour has appealed this notice to the Planning Inspectorate. The Council cannot take any action to enforce the notice while the appeal is ongoing. Responsibility for progressing the case now rests with the Planning Inspectorate. The Council is not responsible for any delay during the appeal process.
10. We cannot achieve the outcomes Mrs X is seeking. We cannot decide the appeal, order the Planning Inspectorate to make its determination or order the neighbour or the Council to cut the hedge by summer 2025. Those matters fall outside our powers.

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Final decision

11. We will not investigate this complaint. Part of the complaint is late, and further investigation would not lead to a different outcome or achieve what Mrs X wants.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman