The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about overgrowing trees and bushes. This is because it is made late.
The complaint
Mrs X complains that the Council has failed to properly manage overgrowing trees and bushes, which have caused damage to her fence and garden.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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
Mrs X complained to the Council about the overgrown trees in late 2023. Work was carried out in early 2024 and Mrs X complained again but did not receive a response. Mrs X submitted a further complaint to the Council in May 2025.
I will not investigate Mrs X’s complaint. She has been aware of the issue for several years and I see no good reason why she could not have asked the Ombudsman to intervene sooner.
Final decision
We will not investigate Mrs X’s complaint because it is made late.
Investigator's decision on behalf of the Ombudsman