Summary: We will not investigate this complaint about action taken by the Council relating to high hedges affecting a highway near Ms X’s home. There is no worthwhile outcome achievable by our involvement.

The complaint

1. Mr X complained about high hedges which reduced his visibility when driving on a highway near his home. Mr X said the Council did not consider his complaint about the matter properly or effectively use its powers under the relevant legislation.
2. Mr X said the high hedges pose a safety risk.

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The Ombudsman’s role and powers

3. 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 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained about high hedges which reduced visibility on a highway near his home. Mr X said he cannot see oncoming traffic which almost resulted in him colliding with other vehicles.
7. The Council’s highways and planning teams both considered Mr X’s complaint, and it carried out visits to Mr X’s property.
8. The Council arranged a decrease in height of some of the high hedges Mr X complained about as they affected the highway. It said it returned to the property and confirmed completion of this work.
9. The Council told Mr X it could not assist further about one of the high hedges, because it was not impacting the public highway. The Council signposted Mr X to further advice about how it could respond to high hedges not affecting the highway but impacting on private land.
10. The Ombudsman could not tell the Council it should do anything further about this matter. We cannot tell the Council it should order removal of the hedges. For this reason, I consider there is no worthwhile outcome achievable by our involvement.
11. Additionally, as we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.

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Final decision

12. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our involvement.

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Investigator's decision on behalf of the Ombudsman