Summary: We will not investigate this complaint about the Council failing to maintain hedges and trees near Mr X’s property. This is because it is not responsible for the matter in the complaint.

The complaint

1. Mr X says the Council has not maintained trees and hedgerows near his property.
2. He says this is causing the trees to become damaged.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council responded to Mr X’s complaint and confirmed it is not responsible for the land Mr X has complained about so it cannot take any action. The Council has confirmed it is the responsibility of the landowner to maintain the area Mr X has raised an issue with.

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Final decision

7. We will not investigate Mr X’s complaint because this Council is not responsible for the land where the trees are.

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Investigator's decision on behalf of the Ombudsman