The Ombudsman's final decision
Summary: We will not investigate this complaint about a high hedge. This is because there is not enough evidence of fault to justify our investigation.
The complaint
Mrs Y complained the Council has failed to act concerning her neighbour’s high hedge.
Mrs Y says the hedge means she cannot see if there is oncoming traffic when she tries to drive out of her property, causing her concern and worry.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
Mrs Y complained about her neighbour’s hedge. She said the hedge was blocking her view of the road, making it potentially dangerous for her to leave her driveway as she was unable to see any oncoming traffic.
The Council carried out a site visit. During this site visit it took photographs from the view of several different properties, but not from Mrs Y’s house or driveway. Mrs Y complained about this in June 2022, saying it had not considered the perspective she would have as she tried to leave her home.
The Council responded in July. It said that it had considered her points and having now been able to correctly identify her property, which it said was not identifiable from ordinance survey maps, it had looked at the evidence it had collected from its site visit. It said that having considered these, it was satisfied that it did not need to take action in relation to the hedge as it did not pose a risk to those on the highway. Mrs Y then approached us in July.
Analysis We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
In this instance, the Council has considered the problem, carried out a site visit to the area and taken evidence. It has then used this evidence to make an informed decision, using its professional expertise and opinion, that further action was not required in Mrs Y’s complaint.
While Mrs Y may disagree with its decision, the Council has considered relevant factors in its decision-making process. Consequently, there is not enough evidence of fault to justify investigating this complaint.
Final decision
We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman