Dorset Council (22 009 663)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 31 Oct 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about his neighbour’s actions. This is because there is no evidence of fault on the Council’s part.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council has failed to take action in response to his concerns about a dispute with his neighbour. As a result, he has been unable to resolve the matter.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B’s complaint relates to a dispute with his neighbour about an area of land adjacent to their homes. Mr B says the neighbour’s hedge has encroached onto the land, to which he requires access for maintenance purposes. He says the land is owned by the Crown. He would like the Council to adopt the land or take responsibility for maintaining it. The Council has declined to do so.
- The Ombudsman will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part. The matter is essentially one between private individuals and the Council has no responsibility to become involved. The Council’s response properly sets out its position and, in the absence of evidence of fault on its part, the Ombudsman cannot criticise the Council’s position or intervene to substitute an alternative view.
Final decision
- We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman