Worthing Borough Council (21 002 734)

Category : Environment and regulation > Trees

Decision : Closed after initial enquiries

Decision date : 06 Aug 2021

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Council’s sustainability policy and the pruning of hedges. There is insufficient evidence of Council fault or injustice to Mr X.

The complaint

  1. Mr X complains the Council has cut down or severely pruned hedges in and around Worthing including at a park and along the sea front. He says the Council is exposing him and the public to traffic fumes and it is harming wildlife. He says the Council’s actions are contrary to its claims to have a sustainable environment policy. He says the Council put up signs in the park about allowing the grass to grow and has said it is in favour of re-wilding. Mr X wants to know what the signs mean. Mr X says the Council stopped using him as a volunteer because he complained about it cutting down hedges.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
  • there is not enough evidence of fault to justify investigating, or
  • any fault has not caused injustice to the person who complained, or
  • any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

  1. I have considered Mr X’s information and comments and communication following my draft decision statement to him. I have discussed the complaint with Mr X by telephone. I have considered Mr X’s photographs and internet views of the locations included in the complaint.

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My assessment

  1. I will not investigate Mr X’s complaint for the following reasons:
  2. There is insufficient evidence of Council fault. The Council’s complaint reply, 10 December 2020, explains the work done in an overgrown area, the pruning of the hedges and replanting intended at the park. The Council’s letter to Mr X, dated 20 January 2021 explains why it decided not to use him as a volunteer. It refers to an incident in which Mr X caused distress to a member of staff involved in pruning work. It considered Mr X’s behaviour was not consistent with its maintenance plans for the area.
  3. There is insufficient evidence the Council has caused Mr X an injustice.

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Final decision

  1. The Ombudsman will not investigate Mr X’s complaint about the Council’s sustainability policy and the pruning of hedges. There is insufficient evidence of Council fault or injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman

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