Summary: We will not investigate this complaint about the Council’s involvement in a complaint about a high hedge between private residential properties.

The complaint

1. Mr X complained about the Council’s failure to take action over his neighbour’s high hedge. He says the hedge is blocking light causing dampness and the fruits are a danger to his family and pets.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his neighbour’s hedge is far in excess of the 2 metres acceptable height and that it is causing loss of daylight and dampness to his garden and shed. He also says fruits from the hedge are a health hazard to his family and pets.
6. He asked the Council to intervene and have the hedge reduced. The Council advised him that the matter is a civil issue between two private landowners. It can be involved as an adjudicator in a High Hedges dispute under the High Hedges legislation (Anti-Social behaviour Act 2003) but this requires him to exhaust all other avenues before he can apply.
7. The Council told Mr X that he would need to complete an application and evidence pack and that there is a charge of £300 for the Council being involved in possible remedial notice action.
8. Mr X has not confirmed that he had exhausted other private avenues of seeking a reductio in the hedge height. If he does then he can ask the Council to use its powers but will have to engage in the process which also requires a fee to be paid.
9. We can only consider how a council has acted once a member of the public has engaged its services. We can only consider if it has handled an application incorrectly and not what action it decides to take. It is reasonable for Mr X to apply to the Council for intervention once he has exhausted all other avenues to resolve the matter with his neighbour.

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Final decision

10. We will not investigate this complaint about the Council’s involvement in a complaint about a high hedge between private residential properties.

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Investigator's decision on behalf of the Ombudsman