Summary: We will not investigate this complaint about the Council’s refusal to ensure a hedge overgrowing the highway is cut back. The Council has provided evidence the hedge is due to be cut back within four weeks of this decision statement. Further investigation will not lead to a different outcome.

The complaint

1. The complainant, I shall call Mr X, says the Council refuses to act to reduce the size of a hedge overgrowing the highway. He says he cannot use the pavement on one side of the street he lives on, and the overgrown hedge also scratches cars.
2. He wants the Council to order the owner of the hedge to have it cut regularly and prosecute them if they fail to do so.
3. Mr X also wants Council officials sacked and disbarred from office.

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The Ombudsman’s role and powers

4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, and
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council told Mr X it had scheduled the hedge for cutting. However, it advised it must give the owners to the opportunity to remedy the situation themselves. If they do not do so, the Council will consider serving a notice under s154 Highways Act, which the hedge owner may appeal in court.
8. In response to my enquiry the Council provided evidence confirming the owner of the hedge has engaged a contractor to cut the hedge back within four weeks of this decision statement.
9. I understand Mr X wants the Council to make the owner cut the hedge on a regular basis. However, while the Council has a duty to ensure the highway is clear, I do not consider this means it has a duty to require the owner to adhere to a regular cutting schedule.

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Final decision

10. We will not investigate Mr X’s complaint because the hedge is due to be cut back in the next few weeks which will resolve Mr X’s claimed injustice. I do not consider an investigation will lead to a different outcome.
11. Also, we cannot achieve the outcome Mr X is seeking. The Ombudsman cannot involve himself in personnel matters, therefore we cannot require the Council to discipline staff, or bar people from office.

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Investigator's decision on behalf of the Ombudsman