Summary: We will not investigate this complaint that the Council failed to carry out work to vegetation at the rear of the complainant’s property. This is because the work has now been carried out so investigation would not lead to a different outcome. Any claim for damage to the complainant’s property should be pursued in court.

The complaint

1. Ms X complains about how the Council has dealt with her requests to cut back vegetation on Council land at the rear of her property. Ms X says the Council has failed to carry out regular work to the area for years and delayed responding to her recent request to do so. Ms X says the lack of action has resulted in damage to her fence.

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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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

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

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. I will not investigate how the Council has dealt with this matter since 2016. Any complaint about these matters is late and I see no good reason my Ms X could not have complained sooner.
8. I have considered how the Council has dealt with Ms X’s recent contact about these matters. However, the Council has recently attended the site and cut back the vegetation. Any delay in it carrying out the work has not caused Ms X a significant enough injustice to warrant investigation and now the work has been completed investigation into this matter would not lead to a different outcome.
9. I will not investigate Ms X’s complaint that the Council is liable for damage to her fence. Only the courts can determine liability for damage to property, It is therefore reasonable for her to pursue a claim through insurers and then the courts.

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Final decision

10. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome and it is reasonable for her to pursue a claim for damage to her property through the courts.

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Investigator's decision on behalf of the Ombudsman