Summary: The Ombudsman cannot investigate Mr and Mrs X’s complaint about the Council’s handling of their high hedge complaint. This is because they have used their right of appeal to the Planning Inspectorate.

The complaint

1. The complainants, Mr and Mrs X, complain about the Council’s handling of their high hedge complaint. They say the Council’s flawed decision led to anomalies and errors by the Planning Inspectorate in its consideration of their appeal.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I reviewed the information provided by Mr and Mrs X, including the details of their complaint and the Council’s response.

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What I found

6. Mr and Mrs X complained to the Council about their neighbour’s high hedge in 2018. The Council decided no remedial action was required but Mr and Mrs X were not happy with its decision and appealed to the Planning Inspectorate.
7. Mr and Mrs X have concerns about the Planning Inspector’s decision which they have been unable to resolve through the Inspectorate’s complaints process. They do not wish to challenge the decision formally by Judicial Review and suggest that had the Council properly considered their complaint originally, they could have sought to rectify any issues at appeal rather than seeking to overturn the Council’s decision.
8. Because Mr and Mrs X have appealed against the Council’s decision the Ombudsman has no jurisdiction to investigate any complaint about its handling of their case. The Council is not responsible for Planning Inspector’s decision and it cannot overturn or alter the requirements of the remedial notice issued by the Inspectorate. Any complaint about the Council’s decision is also late.

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Final decision

9. The Ombudsman cannot investigate this complaint. This is because Mr and Mrs X have appealed to the Planning Inspectorate.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman