Summary: We will not investigate Mr X’s complaint about the Council removing his plant from his garden wall. This is because the Council has already taken suitable action to remedy the matter and there is nothing further we would add or recommend were we to also investigate.

The complaint

1. Mr X complains the Council removed a plant from his garden wall without any consultation with him and initially denied responsibility for it.

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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:

• we could not add to any previous investigation by the organisation, or
• we are satisfied with the actions the organisation has taken or proposes to take. (Local Government Act 1974, section 24A(6), and (7) as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council about the matter set out in paragraph one, above.
7. The Council initially denied carrying out the works as it was unable to identify any officer who might have completed them. It subsequently found the works had been carried out by a Council officer who was tasked to remove weeds in the area and who had cut back Mr X’s plant in error. It apologised to Mr X for initially being unable to identify that it was responsible and for its mistake it cutting back his plant. It also offered Mr X a £300 goodwill payment in recognition of the distress caused by the matter.
8. Mr X told the Council he was happy to accept the payment.
9. The Council issued its final response on the complaint after Mr X had submitted his complaint to this office, but before we started to assess it.
10. We will not investigate this complaint. This is because the Council has already taken suitable action to remedy the matter by acknowledging and apologising to Mr X for its error and by also providing a goodwill payment. There is nothing further we would add or recommend were we to also investigate.

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Final decision

11. We will not investigate Mr X’s complaint because the Council has already taken suitable action to resolve the complaint.

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Investigator's decision on behalf of the Ombudsman