Summary: We will not investigate Ms X’s complaint about the Council’s response to her report of Japanese knotweed at a nearby property. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Ms X complains about the Council’s decision not to take action in relation to Japanese knotweed she reported which is growing unmanaged at a property near her home. Ms X says the Council’s response is legally incorrect as it has the power to serve a Community Protection Notice where a landowner’s failure to act is having a detrimental effect on the community.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Ms X reported the presence of mature, unmanaged Japanese knotweed in the garden of a property close to her home to the Council. She asked it to take action.
7. In response to Ms X’s report, the Council explained that whilst it is an offence to allow Japanese Knotweed to grow onto someone else’s property, it is not an offence to have it on your own private property. It explained it would not take any action in relation to this being on private property but that it may take action if the homeowner fails to maintain it.
8. It confirmed the property is not Council owned and suggested Ms X carry out a Land Registry search to identify the owner, or to contact her home insurer on the matter.
9. Whilst I acknowledge Ms X is dissatisfied with the Council’s response, this is not a complaint we will investigate. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It has provided a suitable response in relation to the current situation and has explained its reasons. It may decide to take action in the future, in line with its powers if it is not managed and is allowed to spread. In the meantime it has provided suitable signposting information to Ms X.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council here to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman