Summary: We will not investigate this complaint about the way the Council dealt with a high hedge complaint, reports of breaches of planning control and data protection breaches. We cannot consider matters relating to the high hedge complaint as Mrs X has appealed to the Planning Inspector. This matter is therefore outside our jurisdiction. The breaches of planning control have been resolved therefore further investigation will not lead to a different outcome. Finally, it is reasonable to expect Mrs X to complain to the Information Commissioner’s Office about data protection concerns.

The complaint

1. Mrs X complains the Council:
• Failed to follow the correct process for dealing with high hedge complaints.
• Failed to take action against a neighbours’ breach of planning control
• Breached her data protection rights.

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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 tribunal or a government minister or started court action about the matter.

(Local Government Act 1974, section 26(6), as amended)

4. The Planning Inspector acts on behalf of the responsible Government minister.
5. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. Mrs X complains the Council failed to follow the correct process when dealing with her neighbour’s complaint about her high hedge. She says that all subsequent problems have stemmed from this failure.
9. However, Mrs X appealed to the Planning Inspector against the Remedial Notice issued by the Council. As such, and as per paragraph three, these matters are now outside of our legal remit, and we cannot investigate any concerns Mrs X has about the way the Council dealt with the high hedge complaint.
10. Mrs X also complains about the Council’s failure to act against her neighbours’ breaches of planning control. She says they erected:
• Balcony windows which overlook her property; and
• A high fence.
11. A retrospective planning application was received which the Council publicised. The application did not include the balcony windows. Mrs X commented on the application. The Council considered the application and granted planning permission.
12. Mrs X has confirmed the balcony windows have been removed. The Council confirms the fence posts have been lowered. As retrospective planning permission has been granted, there are no active breaches of planning control at the neighbour’s property. Therefore, an investigation on these points would not lead to a different outcome.
13. Finally, Mrs X says the Council sent personal information to a third party, breaching her data protection rights. We consider it reasonable for Mrs X to pursue this matter with the Information Commissioner’s Office (ICO), as it is the body set up to dealing with data protection issues.

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Final decision

14. We will not investigate Mrs X’s complaint because:
• We cannot investigate the complaint about the way the Council dealt with the neighbour’s high hedge complaint. This matter is outside our jurisdiction as Mrs X has already appealed to the Planning Inspector against the remedial notice.
• Investigation of the way the Council dealt with the breaches of planning control will not lead to a different outcome.
• It is reasonable to expect Mrs X to complain to the ICO about her data protection concerns.

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Investigator's decision on behalf of the Ombudsman