Summary: We will not investigate Mr X’s complaint about the Council’s refusal to take further action to ensure hedges are cut back from the public highway. This is because the Council has taken such action as it considers necessary and there is not enough evidence of fault in its approach. It is also unlikely we could say its actions caused Mr X significant injustice or that further investigation would lead to a different outcome.

The complaint

1. The complainant, Mr X, complains the Council has failed to take action to deal with overgrown hedges which he says hinders his view when exiting his driveway.

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The Ombudsman’s role and powers

2. 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:

• 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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has taken action to ensure the hedges are cut back so they do not overhang the highway or cause an immediate hazard to highway users. Mr X believes the Council should do more but it is for the Council, as local highway authority, to decide what is required. There is clear evidence to show the Council has inspected the road and that it has taken such action as it considers necessary to deal with the overgrown hedges. It is not for us to say it should have done more and the Council is not required to direct further works simply because Mr X believes it should.
6. In any event, while I appreciate Mr X says the hedges affect visibility when exiting his drive the hedges are some way down the road from his property and it is therefore unlikely we would say the Council’s refusal to cut them back further causes him significant enough injustice to warrant further investigation.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Mr X significant injustice. It is also unlikely further investigation would achieve any worthwhile outcome for Mr X as the issue concerns a matter of professional judgement.

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Investigator's decision on behalf of the Ombudsman