Summary: We will not investigate Mr X’s complaint about how the Council handled a complaint about high hedges and its decision to take enforcement action. This is because there is a right of appeal to the Planning Inspector that it is reasonable for him to use.

The complaint

1. Mr X complains the Council relied on inaccurate information when it considered his neighbours complaint about high hedges and decided to serve notice that he should reduce the height of the hedge. Mr X says this was stressful, caused him expense and reduced his privacy.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal (Local Government Act 1974, section 26(6)(b), as amended).
4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about matters including planning enforcement notices.

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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. In August 2024 the Council issued a remedial notice to Mr X to reduce the height of hedges on the boundary of his property.
8. In November 2024 Mr X complained to the Council that the ownership of the boundary is disputed and that the complaint made by his neighbour included documents showing his neighbour also claimed ownership of the boundary.
9. Mr X asked the Council to withdraw the remedial notice until the boundary dispute is resolved. Mr X suggested the Council write to his neighbour to ask him if Mr X’s neighbour claims ownership of the hedge (and therefore liability for remedial action).
10. While it is frustrating for Mr X that he has been asked to reduce the height of the hedge at his own expense while ownership of the boundary is disputed, it is not for the Council to resolve civil boundary disputes.
11. In April 2025 the Council confirmed Mr X has made an appeal to the Council so it was not appropriate to also respond to Mr X under its’ complaint process.
12. I will not investigate Mr X’s complaint. This is because he could appeal to the Planning Inspector about the Councils’ decision to ask him to reduce the height of the hedges and I consider it reasonable for him to do so.

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Final decision

13. We will not investigate Mr X’s complaint because he could appeal to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman