Summary: We will not investigate this complaint about the Council’s decision not to cut back or remove a tree and hedge which are growing behind the complainant’s home. There is insufficient evidence of fault in the Council’s decision-making process to justify an investigation.

The complaint

1. Mrs X complains about the Council’s decision not to cut back or remove a tree and hedge growing behind her home.
2. She says the hedge and trees are anti-social and:
• block light to her garden an
• produce pollen which blows into her garden affecting her health; and
• encourages fly tipping
3. Mrs X wants the hedge and tree either removed completely or cut back to below the height of her fence.

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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
• 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 Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X contacted the Council about the bushes and tree on Council owned land behind her back garden. An officer told Mrs X the Council would prune the bushes and tree twice a year.
8. Mrs X complained the Council had not cuit back the bushes and tree as agreed.
9. The Council inspected the site. It confirmed to Mrs X a tree officer had inspected the site and noted the hedges are a ‘considerable distance’ away from her fence and no further work is required.
10. Mrs X escalated her complaint as she was not satisfied. She said although the Council has cleared the bushes aware from her fence and removed the fly tipping, it had agreed to cut the vegetation back twice a year.
11. The Council confirmed the bushes and tree behind her garden are not encroaching on her fence or property. It will not cut them down to one metre but will continue to monitor and maintain them.
12. Information on the Council’s website confirms the Council has a duty to ensure its trees are safe and not causing damage to property. It states the Council:
• will not cut back trees because they are overshadowing gardens
• there is no absolute right to light across a neighbour’s land
• will not cut back trees because of natural occurrences such blossom or leaf fall
13. The Council told Mrs H the bushes and tree are not a high hedge as defined by law. The email from the officer advising Mrs X it would prune the bushes twice a year does not say it will refuse the heigh to one metre.
14. Officer have inspected the site and are satisfied the bushes are not damaging her property.
15. So, an appropriate Council officer has assessed the condition of the bushes and tree in response Mrs X’s concerns. I have not seen any information to suggest this assessment was affected by fault. This means we cannot question the professional judgement of the officer that pruning was not justified.

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Final decision

16. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the way the Council has decide not to cut down or removed the bushes and tree behind her home.

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Investigator's decision on behalf of the Ombudsman