Summary: We will not investigate Mr X’s complaint about the Council’s decision to issue him a legal notice requiring him to cut back vegetation overhanging and obstructing the highway, and its subsequent decision to complete the works and recover the costs from him. It is reasonable for Mr X to take the matter to court.

The complaint

1. Mr X complains the Council has charged him for works to remove vegetation growing on his land that was overhanging and obstructing the highway. He says he could not address the matter at the time he received the notice due to a family bereavement. He wants the Council to take his extenuating circumstances into account and write off the charges.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

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. The Council, in its role as highways authority, has a duty to maintain the public highways in its area for use by both vehicles and pedestrians.
7. Section 154 of the Highways Act 1980 give Councils the power to serve a notice requiring a landowner to carry out works (or carry it out in default and recover the cost) if trees, shrubs or hedges on their land overhang the highway and obstruct or endanger highway users.
8. The Council served Mr X with a notice requiring him to cut back vegetation within 14 days that was obstructing the highway. It advised him that if he disagreed with the notice, he had a right of appeal to the magistrate’s court.
9. After 14 days, the Council decided Mr X had not carried out the required works and instructed its contractor to complete them. It sent Mr X a bill for the costs of the works.
10. We will not investigate this complaint. If Mr X disagrees with the notice or the Council’s decision to complete the works and recover the costs from him, it is reasonable for him to take the matter to the magistrate’s court. Only the courts can decide whether the notice is valid and if Mr X is liable for the costs.

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Final decision

11. We will not investigate Mr X’s complaint because if he disagrees with the notice or does not accept liability for the costs, it is reasonable for him to appeal to the magistrate’s court.

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Investigator's decision on behalf of the Ombudsman