The Ombudsman's final decision
Summary: We will not investigate this complaint about a failure to remove obstructions on the highway. We do not consider an investigation would add to the Council’s investigation. Nor would it lead to a different outcome.
The complaint
The complainant, I shall call Mr X, says the Council has failed to act against homeowners who have allowed their hedges to obstruct the highway.
The Ombudsman’s role and powers
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council agrees the hedge obstructs the highway. In response to my enquiries, it confirms: It has written to the two properties concerned demanding the hedges be cut back by October 2022.
One property owner has confirmed they will carry out the work. The Council has raised a job request to carry out the work in default if the homeowner does not complete it.
The other homeowner is disputing the extent of the highway. Only the courts can formally resolve this. The Council is engaging with its legal team on this matter.
There have been no reported injury accidents or reports of safety issues from other members of the public at the location A wider review of obstructions on the highway is proposed for completion in the current financial year.
Final decision
We will not investigate Mr X’s complaint because in view of the above I do not consider further investigation will add to that carried out by the Council. Nor would it lead to a different outcome.
Investigator's decision on behalf of the Ombudsman