Summary: We will not investigate this complaint about the Council’s handling of the spread of invasive plant growth into Ms X’s property. This is because the Council has now taken action to address the problem and an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. Ms X complains about the Council’s handling of the spread of invasive plant growth from one of its allotments into her property. She says a one-off treatment will not address the problem and she has incurred costs and stress as a result of the problem affecting her use of her garden.

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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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant and the Council, including its response to the complaint.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained to the Council about its delayed response to her reports of invasive plant growth from a Council allotment which was affecting her property and ruining her garden.
8. In response to her concerns, the Council has now sprayed the allotment and Ms X’s property and confirmed it will respray any regrowth again in spring. It has also offered Ms X £250 in relation to her related insurance claim.
9. If Ms X is dissatisfied with the amount offered by the Council, it is open to her to take the Council to court to seek additional damages. As she has this alternative remedy available which we would reasonably expect her to use, this matter falls outside our jurisdiction and will not be investigated.
10. As the Council has now acted to address the problem and as an investigation by the Ombudsman is unlikely to add to that already carried it out by the Council or lead to a significant different outcome, we will not pursue the complaint further.
11. While it is noted Ms X has also complained about the Council’s communication with her about this matter, this is not a matter we will investigate in isolation when we are not investigating the substantive matter.

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Final decision

12. We will not investigate Ms X’s complaint because the Council has now taken action to address the problem and an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman