Summary: We will not investigate this complaint about the Council’s decision not to prosecute a landowner for illegally removing a hedgerow. There is insufficient evidence of fault in the Council’s actions. Also, the complainant has not suffered a significant personal injustice.

The complaint

1. Mr X represents a charity set up to preserve the local landscape and natural environment.
2. He complains the Council failed to uphold the law to protect a hedgerow according to the Hedgerow Regulations 1997.
3. Mr X says this puts other hedgerows at risk and as a minimum wants the Council to prosecute the landowner.

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The Ombudsman’s role and powers

4. 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
• any fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council confirms it considered the information provided by Mr X in support of the complaint. It also considered:
• information including photographs from the landowner
• information from the Area of Outstanding Natural Beauty (AONB) landscape officer
• the Rural Payments Agency; and
• a local ecologist.
8. The Council says it also sought legal advice and made site visits
9. Following consideration of the information it received, the Council decided there was not enough evidence to determine the boundary that had been removed to prosecute the landowner for illegally removing a hedgerow.
10. We cannot question a council’s decision if it has followed the right steps and considered the relevant evidence and information. Mr X may not agree with the Council’s decision but there is no evidence fault affected it.

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Final decision

11. We will not investigate Mr X’s complaint because:
• there is insufficient evidence of fault in the way the Council decided not to prosecute the landowner and it is entitled to rely on legal advice it receives;
• the decision not to prosecute does not cause Mr X or the charity any personal injustice; and
• we cannot require the Council to prosecute the landowner.

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Investigator's decision on behalf of the Ombudsman