Plymouth City Council (25 019 402)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 18 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s green area damaging her property. This is because there is another body better placed to consider her complaint and so we cannot achieve the outcome she wants.
The complaint
- Miss X complained the Council’s green area next to her property is damaging her fence. It has caused Miss X frustration. She wants the Council to pay towards replacing her fence and to maintain the green area.
The Ombudsman’s role and powers
- 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 another body better placed to consider this complaint, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X said the Council’s green area adjacent to her property has overgrown brambles, ivy and long grass which is damaging her hedge and fence. She said as a result, her fence needs replacing and wants the Council to pay towards the cost.
- We will not investigate Miss X’s complaint because we would not be able to determine whether the Council is responsible for any damage to Miss X’s property. Such matters can only be determined by insurers or the courts. We would therefore not be able to recommend the Council to pay towards Miss X’s fence and so cannot achieve part of the outcome Miss X wants.
Final decision
- We will not investigate Miss X’s complaint because there is another body better placed to consider her complaint and so we cannot achieve the outcome she wants.
Investigator's decision on behalf of the Ombudsman