Cheshire West & Chester Council (25 011 766)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of a high hedge complaint as the Council has now served a high hedge notice, which is what the complainant wanted.
The complaint
- Miss X complains about delay by the Council in serving a remedial notice on her neighbour regarding a high hedge. Miss X is concerned about the potential for growth of the hedge and the impact it will have on her property and wants the Council to take enforcement action.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has now served the enforcement notice and has apologised to Miss X for the delay. The Council has therefore provided the outcome Miss X sought and as such, I do not consider there are grounds for our further involvement.
Final decision
- We will not investigate Miss X’s complaint because the Council has satisfactorily resolved the complaint by serving the notice and apologising to Miss X.
Investigator's decision on behalf of the Ombudsman