Summary: We will not investigate this complaint about the Council failing to cut back hedges to allow vehicular access to an allotment. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained the Council has failed to cut back hedges to allow vehicular access to his allotment. Mr X says the Council is breaching its tenancy agreement and wants the hedges cut back.

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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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. We will not start an investigation into Mr X’s complaint.
6. The Council has said it will carry out the required work during the autumn / winter when the bird nesting season has ended. It is not fault for the Council to take such an approach. It is an offense to disturb nesting birds and it is good practice to cut back hedges outside of the bird nesting season.
7. There is also nothing in the allotment tenancy agreement about the Council cutting back hedges to allow vehicular access. The only references are to tenants keeping access roads free of obstructions and maintaining hedges which form part of the allotment. We could not therefore say the Council has breached the tenancy agreement.
8. In the absence of fault by the Council we cannot achieve the outcome Mr X wants. We will not therefore investigate.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman