Summary: Mrs X complains the Council has failed to deal with dry weeds and sycamore trees which are growing between their boundary fence and a fence on Council land. The Ombudsman will not investigate this complaint because we are unlikely to find fault. And it is unlikely that further investigation will lead to a different outcome.

The complaint

1. Mrs X says the Council fails to remove dry grass, weeds, brambles and sycamore trees which lay between her boundary fence and a fence on Council land. She is concerned the debris could be a target for arson as there have been incidents in the local area.
2. She wants the Council to remove the dead matter, a large bramble and sycamore trees which have seeded naturally. She and her husband are elderly and cannot do the work themselves.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault
• it is unlikely further investigation will lead to a different outcome

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

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How I considered this complaint

4. I considered Mrs X’s complaints to the Council and its responses. Mrs X commented on the draft version of this decision.

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What I found

5. There is a narrow gap between Mrs X’s boundary fence and a fence belonging to the Council.
6. Mrs X asked the Council to remove weeds and sycamore trees growing in the gap and encroaching onto her land.
7. The Council refused to remove the weeds and told her that she could use her common law right to remove any overhanging vegetation and dispose of the cuttings herself.
8. Mrs X complained again. The Council confirmed it scheduled a contractor to cut back the vegetation growing between the two fences, cutting back where necessary, mowing, strimming and using weed killer. A tree officer was also asked to inspect the trees along the boundary and to arrange for removal of fallen timber where necessary.

Assessment

9. I understand Mrs X is not satisfied with the work the Council has done. She says only weed killer was used. And she is concerned the dry dead vegetation was a fire risk. I believe there is no longer such a risk as we are now into the wetter winter months. Mrs X say the as the same may happen next year. She says there were numerous fires set in the park this year and if one is set near any dry vegetation it could spread to her fence.
10. I will not investigate Mrs X’s complaint. This is because it is unlikely that we will find fault in the Council’s actions. Mrs X asked it to deal with the vegetation between the fences and it has done so. I understand Mrs X is not satisfied with the action taken but this does not mean the Council is at fault.
11. I also understand her concerns about the possibility that arsonists may set fire to any dry debris that may remain next year. However, I cannot consider an injustice that may or may not happen in the future. It is also unlikely that further investigation will lead to a different outcome.

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Final decision

12. I will not investigate this complaint because we are unlikely to find fault. Nor is further investigation likely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman