The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to serve a legal notice requiring him to reduce the height of a hedge. He can appeal the notice to the Planning Inspectorate.
The complaint
Mr X complains the Council incorrectly applied the law when it issued him a legal notice telling him to reduce the height of his hedge.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) The law says we cannot normally investigate a complaint when someone can appeal to a government minister. The Planning Inspector acts on behalf of a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The notice explained to Mr X he has a right to appeal to the Planning Inspectorate. There is no charge for making an appeal.
I see no reason why Mr X could not have appealed. I will not investigate this complaint because the Planning Inspectorate is best placed to determine this matter.
Final decision
We will not investigate X’s complaint because he can appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman