Summary: We will not investigate this complaint about the Council’s refusal to cut back weed growth on a boundary with private property. It is reasonable for Mrs X to make a civil claim against the Council for any damage or injury caused by growth onto her land.

The complaint

1. Mrs X complained about the Council refusing to cut back weeds and shrubs growing on a grass verge outside her boundary. She says brambles and nettles growing thorough the fence are a risk to her children and the fence may be damaged over time. She wants the growth to be removed from near her boundary.

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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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 the information provided by the complainant and the Council. I have also considered the Council’s policy on highway verge maintenance.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X shares a boundary with Council-owned highway land. She says the shrubs and weeds growing on the verge have penetrated into her garden and pose a risk to her children and pets. She is also concerned that over time the weeds will damage her fence by pushing it over.
7. Mrs X asked the Council to cut the growth back, but it told her it no longer cuts back highway growth unless the growth interferes with vision splays on highway junctions or similar locations. This policy has been in place since 2014 when the Council’s Cabinet introduced the policy after public consultation.
8. Mrs X has the same rights as a private householder to cut back any growth from neighbouring land which crosses over her boundary. She may not cut vegetation on the Council’s side, but she could make a claim against the Council for negligence if her property is damaged as a result of its failure to act.
9. The Ombudsman will not normally investigate complaints about damage to property or injury to people arising from claims of negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. If no liability is accepted by the Council, then negligence claims and interpreting the law around legal torts, are generally best decided by a court.

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Final decision

10. We will not investigate this complaint about the Council’s refusal to cut back weed growth on a boundary with private property. It is reasonable for Mrs X to make a civil claim against the Council for any damage or injury caused by growth onto her land.

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Investigator's decision on behalf of the Ombudsman