Summary: We will not investigate this complaint about the Council’s actions in relation to hedges that are overhanging Mr X’s boundary. This is because we are unlikely to find fault with the Council. We will not investigate how the Council handled Mr X’s complaint, because there is not enough significant personal injustice to justify an investigation.

The complaint

1. Mr X complains that branches are overhanging the boundary onto his garden. He says this is causing loss of light and amenity to his garden. Mr X says the Council is not taking responsibility for it and has mishandled his complaint. Mr X wants the Council to accept responsibility for the hedges and trees and to prune them.

Back to top

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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

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

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X complains that trees and hedges on a school field are overhanging onto his garden. He says he contacted the school and the school referred him to the Council.
6. The Council told Mr X that the hedges are the school’s responsibility. It said the school has advised Mr X about its plans for the hedges. The Council also advised Mr X what he can do as a landowner about branches that overhang onto his garden.
7. I am satisfied the Council has properly explained to Mr X why it will not carry out maintenance works to the trees and hedges as responsibility lies with the school.
8. I understand Mr X is unhappy with how the Council dealt with his complaint. However it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. There is also not enough evidence of significant injustice in how the Council has handled Mr X’s complaint to warrant an investigation by the Ombudsman.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council. We will not investigate the Council’s complaint handling as there is not enough evidence of significant personal injustice.

Back to top

Investigator's decision on behalf of the Ombudsman