Summary: We will not investigate this complaint about how the Council responded to a previous agreement on maintaining a hedge that runs alongside Mrs X’s property. Of the parts of Mrs X’s complaint we could investigate, the Council’s actions has not caused Mrs X a significant enough injustice to warrant an investigation, and it has already taken steps to address her concerns during our involvement. Nor can we achieve the outcome Mrs X wants in relation to the other parts of her complaint.

The complaint

1. Mrs X said the Council has not followed through on a previous commitment to maintain a hedge that runs alongside her property boundary. Mrs X said because of this she has been caused inconvenience by chasing the Council, her fence has been damaged and she is now worried about the possibility of other damage to her wall.

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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 an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2020, Mrs X and the Council came to an agreement, the Council would take over maintenance of a hedge that runs alongside her property.
7. Mrs X said she followed this up with the Council in the Spring of 2021 and because the Council did not fully respond to her and carry out the maintenance in the way she expected it to, she then complained to us in early 2024.
8. The Council arranged to meet with Mrs X in June 2024 and has told us it intends to do the maintenance later in the Autumn.
9. Because the Council have met with Mrs X and it has said it will carry out maintenance work, on the information I have at this point, there is not a significant enough injustice remaining to warrant further consideration of this part of Mrs X’s complaint.
10. Mrs X also said she is unhappy because her fence has been damaged and if the Council does not act, it is likely her wall will also be damaged.
11. We cannot provide a remedy for damage to property. Mrs X would have to make a claim with the Council’s insurers for this and if necessary, pursue her claim through the civil courts. Nor can we provide a remedy for any damage which has not yet happened. Because of this we cannot achieve the outcome Mrs X wants in relation to these injustices.

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Final decision

12. We will not investigate Mrs X’s complaint because the Council’s actions have not caused her a significant enough injustice to justify further investigation.

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Investigator's decision on behalf of the Ombudsman