London Borough of Harrow (25 024 040)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 03 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council deciding not to issue a high hedge remedial notice against trees in the garden next to the complainant. It is reasonable to expect the complainant to use the right of appeal to the Planning Inspectorate to challenge the Council’s decision.
The complaint
- Mrs X complains about the Council’s decision not to issue a high hedge remedial notice in relation to trees in her neighbour’s garden.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- The Planning Inspector acts on behalf of the responsible Government minister, and can consider appeals against a Council’s decision not to issue a high hedge remedial notice.
How I considered this complaint
- I considered information provided by Mrs X and the Council, which included the complaint responses and an update on the status of the case.
- I also considered the Ombudsman’s Assessment Code.
My assessment
- I understand the Council has recently written to Mrs X with its formal determination not to issue a high hedge remedial notice, following the neighbour’s voluntary reduction of the hedge to approximately the height identified as acceptable by the Council’s technical assessment.
- It is now open to Mrs X to appeal to the Planning Inspector if she remains unhappy about the Council’s decision. I see no reasons why Mrs X should not be expected to use this right of appeal so, with reference to paragraphs 3 and 4 above, the Ombudsman will not start an investigation.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable to expect her to use her right of appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman