Summary: We will not investigate Mrs X’s complaint about how the Council cut back a hedge at her property. This is because it is reasonable for Mrs X to pursue this matter at court, should the Council’s insurers deny her claim for compensation.

The complaint

1. Mrs X complained the Council excessively cut back the width of her hedge when completing pavement repair. She said that some the hedge will die as a result and she will lose privacy. She wanted the Council to make a site visit to her property and cover the cost of replacing the hedge.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X received a letter from the Council in February 2025 asking that she reduce the width of a hedge at her property so works could be carried out on the pavement next to the hedge. Mrs X said she contacted the Council about the request twice, but she did not receive a call back.
6. In May 2025, Council contractors cut the hedge back at Mrs X’s property. Mrs X said the hedge was cut back severely and parts of it may die. She says this has also led to a loss of privacy.
7. Mrs X complained to the Council about how the hedge had been cut back and questioned whether the works should have taken place during nesting season.
8. In its complaint response, the Council apologised and said it would review its processes with the contractor to understand the gap in communications. The Council said the necessary checks had been conducted for compliance with wildlife and environmental regulations. The Council signposted Mrs X to complete a highways claim for the damage to her hedge.
9. When a person complains to us about damage to property, we will normally signpost them to the courts. We cannot decide liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. Any claim for damages, such as costs for repairs or a replacement hedge, which Mrs X considers the Council to be responsible for, are matters more appropriately dealt with by the courts.
10. There is not a reason, in this case, that we would be better suited to consider the matter instead of the courts, should the Council’s insurers deny Mrs X’s claim. There is no wider complaint within our scope. The process of making a small claim is relatively straightforward and does not require legal representation. There is a sliding scale of fees relative to the amount sought in damages, with fees waived for people on a low income. It is also open to Mrs X to ask the court to order the Council pays her costs.
11. It is therefore reasonable for Mrs X to pursue her claim through the courts. We will not investigate this complaint.

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Final decision

12. We will not investigate Mrs X’s complaint because it is reasonable for Mrs X to pursue this matter at court, should the Council’s insurers deny her claim for compensation.

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Investigator's decision on behalf of the Ombudsman