Summary: We will not investigate this complaint about the Council’s management of vegetation adjacent to Mr X’s property as it is unlikely we can add to the outcome of the complaint nor can we achieve the outcome Mr X seeks in respect of damage to his property.

The complaint

1. Mr X complains the Council failed to cut back overgrowing vegetation alongside his property. Mr X says this has caused damage to his property which he wants the Council to rectify.

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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 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 we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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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. As a result of Mr X’s complaint, the Council said it would carry out clearance work to the site. We will not investigate as it is unlikely we could achieve anything further for Mr X in this regard.
7. I recognise Mr X considers lack of Council maintenance has resulted in damage to his property. We will not investigate this aspect as we cannot determine whether the Council is legally liable for any damage at Mr X’s property. Only a court can make such determinations and there is a relatively simple, low-cost process that Mr X could use to make such a claim himself or via seeking help from a solicitor/advice agency. Mr X’s own home insurers may also be able to help. Given this, we will not investigate as it is reasonable to expect Mr X to seek a remedy in court.

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Final decision

8. We will not investigate Mr X’s complaint because we cannot add to the outcome of the complaint and we cannot determine damage claims; Mr X has a legal remedy he can use.

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Investigator's decision on behalf of the Ombudsman