Summary: The Ombudsman will not investigate this complaint about trees and bushes that the complainant’s neighbour has planted in his garden. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that his neighbour has planted trees and bushes in his garden which could damage Mr X’s property. Mr X says the Council has not shown any interest in his problem.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered comments Mr X made in reply to a draft of this decision and looked at photographs he provided.

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What I found

4. In some circumstances councils can take action to make someone reduce the height of a hedge. The law expects people to try to resolve the problem before using the legislation. The applicant must pay a fee to the council if they apply for an assessment under the high hedge legislation.

What happened

5. Mr X has lived in his home for 50 years. About 20 years ago a new neighbour moved in and planted trees and bushes near the boundary.
6. In 2018 Mr X contacted the Council to report that the trees were close to the boundary. He said the trees and bushes were blocking his light and roots were coming into his land. He said the roots could cause damage and the branches were brushing against his windows. He said he had a right to light under the Prescription Act 1832.
7. In response the Council explained that this was a civil matter between him and his neighbour. It suggested Mr X get legal advice or try to resolve the matter with his neighbour. The Council also explained why the trees and bushes were not covered by the high hedge legislation.
8. Mr X contacted his insurers. His insurers wrote to the neighbour to say the trees had the potential to damage the foundations of Mr X’s property.
9. Since then Mr X has found a root from one of the trees in his garden and there are overhanging branches. He thinks the Council should visit to assess the trees. He says the Council has shown a complete lack of interest.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council is not responsible for resolving neighbour problems. If Mr X thinks his neighbour’s actions have damaged his home, or have breached right to light legislation, then that is a matter he needs to take up with his neighbour. It is not the role or responsibility of the Council to resolve neighbour disputes.
11. The Council acted appropriately by explaining to Mr X that this is a civil matter, explaining the high hedge legislation, and suggesting he obtain legal advice. There is a no reason for the Council to visit because it is an issue that Mr X needs to resolve with his neighbour. The Council has provided advice and information and I cannot agree that it has shown a total lack of interest. But, councils are not required to step in and resolve problems between neighbours.
12. Mr X could go back to his insurers, take legal advice or try resolving the problem directly with the neighbour. Mr X says he does not want to upset his neighbour. This is understandable but does not mean the Council should act on his behalf.

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Final decision

13. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman