Summary: We will not investigate this complaint about a road being obstructed and damage being caused by an overgrown area of land near the complainant’s property. The Council has taken satisfactory action to address the complaint, and any residual injustice is not significant enough to justify pursuing in isolation.

The complaint

1. Ms X complains the Council has failed to take action in relation to an overgrown area of land which is obstructing the highway and damaging her fence.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is no worthwhile outcome achievable by our investigation, or
• we are satisfied with the action the Council has already taken or proposes to take.

(Local Government Act 1974, section 24A(6) & (7), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council, which included an update since it served the Hedge Cutting Notice.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has apologised for its lack of communication and delays since Ms X first raised the matter in August 2023. It explained this was partly due to a technical issue with its system, and it also had to research who the landowner was.
6. The Council served a Hedge Cutting Notice in May 2024. It has liaised with the landowner regarding the deadline for carrying out works, taking into account the bird nesting season and the notice period required for road closures. The works should be completed by early October 2024.
7. And if the vegetation is causing damage to Ms X’s property, then that is a private, civil matter between her and the landowner.
8. The Council’s apology and the service of notice are a satisfactory way to address the complaint and, on balance, any residual injustice is not significant enough to be pursued in isolation by the Ombudsman.

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Final decision

9. We will not investigate Ms X’s complaint because the Council has already taken satisfactory action, and there is not enough remaining injustice to justify our continued involvement.

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Investigator's decision on behalf of the Ombudsman