Summary: Mr X complains the Council has failed to act on his reports of overhanging vegetation which caused him to swerve and scratched his van. The Ombudsman will not investigate this complaint. It is unlikely we will find fault in the Council’s actions.

The complaint

1. Mr X complains the Council has not cut back overhanging branches / vegetation which he reported in June 2019. He says this caused him to swerve into the opposite carriageway and scratched his van. He wants the Council to:
• Review its policy
• Sack unnecessary administrative staff
• Comply with the 14-day timeframe for removing obstructions
• Carry out the remedial work
• Increase the number of highway inspections

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The Ombudsman’s role and powers

2. 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
• the fault has not caused injustice to the person who complained
• the injustice is not significant enough to justify our involvement
• it is unlikely we could add to any previous investigation by the Council
• it is unlikely further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants

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

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How I considered this complaint

3. I considered information provided by Mr X which includes the Council’s responses to his complaints. I have also had regard to information published on the Council’s website and Section 154 of the Highways Act 1980.
4. I considered Mr X’s comments on the draft version of this decision.

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What I found

5. Under Sections 79 and 154 of the Highways Act 1980, the Council can direct or require a landowner to alter, lop or cut a hedge, tree or shrub which endangers or obstructs the passage of vehicles or highway users.
6. In June, Mr X reported to the Council that overhanging branches had caused him to swerve into the opposite carriageway.
7. The Council says that three days after the report, a highways engineer inspected the site. He established the branches needed cutting back but were not a danger to road users.
8. Once it had established who owned the land, the Council issued a notice under section 154 of the Highways Act 1980 requiring the landowner to cut back the vegetation. As Mr X did not provide his contact details, the Council could not advise him of the action it had taken.
9. In October, Mr X complained about the lack of action. The Council advised him it had asked the landowner to cut back the trees. Mr X sent further correspondence expressing his dissatisfaction the matter was not resolved. The Council advised Mr X it is following the s154 process. It confirmed as it does not consider the overgrowth a safety issue, it will not spend public money to undertake work on private property.

Assessment

10. The Council has considered Mr X’s complaints but decided not to intervene. It says it does not consider the overgrowth to be dangerous to highway users. It has sent a notice under section 154 of the Highways Act to the owner requesting they cut back the trees.
11. The Ombudsman will not investigate this complaint. The Highways Act 1980 allows the Council to trim or cut down a hedge, tree or shrub where it considers necessary, but it places no obligation on the Council to do so. Action is therefore at the Council’s discretion. We cannot question the merits of the Council’s decision. The Council’s visits to the site and correspondence with Mr X show it has considered his concerns. It has decided not to spend public money on carrying out the remedial work and this is a decision it is entitled to make. Mr X does not agree with this decision, but this is not evidence of fault.

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Final decision

12. I will not investigate this complaint. We are unlikely to find fault in the Council’s actions. Also, the Ombudsman cannot require the Council to carry out work to the highway, as its professional officers have judged this unnecessary. Nor can he require the Council to dismiss staff.

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Investigator's decision on behalf of the Ombudsman