Summary: The Ombudsman has stopped investigating this complaint about the maintenance of trees and brambles on Council land, along the boundary with Ms B’s property. This is because the Council has agreed to carry out works to control the vegetation and it is unlikely that further investigation would achieve more than this.

The complaint

1. Ms B complains that the Council is failing to maintain trees and brambles on its land, along the boundary of her garden. She says the height of the vegetation is causing a nuisance, overshadows her garden and blocks her view.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I have:
• considered the complaint and the documents provided by the complainant;
• discussed the issues with the complainant;
• made enquiries of the Council and considered the comments and documents the Council has provided; and
• given the Council and the complainant the opportunity to comment on my draft decision.

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What I found

6. Ms B lives in a house next to a council owned park. The trees and bushes along the boundary are much higher than Ms B’s fence. Ms B asked the Council to cut them back as they were overshadowing her garden and blocking her view.
7. The Council told Ms B that its policy was not to carry out such works. It advised Ms B that she could trim the overhanging branches herself.
8. Ms B was not satisfied and complained to the Ombudsman. We asked the Council about Ms B’s complaint, including whether it had taken into account that Ms B is registered disabled, and if it had considered departing from its policy.
9. In the Council’s response, it said that after reviewing the case and taking into account Ms B’s particular circumstances, it had reconsidered its original decision and will depart from its Tree Policy. It has instructed contractors to control the vegetation along the boundary.
10. I do not consider further investigation would achieve anything more for Ms B, and have therefore decided to stop investigating the complaint.

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Final decision

11. I have decided to stop investigating this complaint. The Council has taken the action sought by Ms B and I do not consider further investigation would achieve more than this.

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Investigator's decision on behalf of the Ombudsman