London Borough of Havering (22 000 838)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 09 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council is wrongly applying a high hedge remedial notice as there is insufficient evidence of fault by the Council.
The complaint
- Mr X complains the Council is wrong to say a neighbour’s tree, which is overshadowing his garden, does not form part of a high hedge which is subject to a Remedial Notice. This has caused Mr X frustration and the loss of enjoyment of part of his garden.
The Ombudsman’s role and powers
- 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 (Local Government Act 1974, section 24A(6))
- We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), 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
- In the Council’s opinion, the tree does not form part of the high hedge but is growing in the void between the two hedges covered by the Remedial Notice (RN) which has been in place since Mr X’s appeal to the Planning Inspectorate (PI) in 2015. The Council says it does not have the authority to change the PI’s decision.
- The Council has considered Mr X’s complaint. It has visited the site, assessed the tree and referred to the RN. The Council has made a decision it is entitled to make and the in absence of fault in the way it reached that decision, we cannot question it. I have not seen evidence of such fault. If Mr X considers the Council is misinterpreting the PI’s decision, he should contact the PI about this as I cannot determine this.
- For these reasons, we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman