Summary: We will not investigate Ms X’s complaint about a Council decision that it will not replace hedging removed during drainage works. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has refused to replace hedging that was removed during drainage works near her home. She says since the removal of the hedge, she has experienced increase noise disturbance and a loss of privacy. She wants the Council to replace the hedge or pay for privacy screening.

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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.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. In its complaint responses, the Council said it considered the vegetation to be self-sown overgrowth and not part of any intentional landscaping or an established boundary feature. Because of this, there was no requirement for the Council to consider residential amenity in its decision making. It said the hedge had been removed as part of drainage works. The Council had considered whether to replant the hedge after completion of the works but decided not to do so, due to concerns about its ongoing maintenance and a risk of damage to the drain.
7. We will not investigate this complaint. The Council has appropriately considered the matter and explained its decision making to Ms X. There is insufficient evidence of fault to warrant an investigation.

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Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman