Summary: We will not investigate this complaint about the Council’s failure to cut back vegetation growing behind Miss X’s home. There is not enough evidence of fault in the way the Council considered her request. And if Miss X believes the vegetation has damaged her property, it is reasonable to expect her to ask the court to consider the matter. Only the courts can decide whether the Council is responsible for any damage that may have occurred.

The complaint

1. Miss X complains the Council refuses to cut back vegetation growing behind her home. She says it is growing into her wall and obstructing her rear gate,
2. She wants the Council to cut the vegetation back as it has done previously. And to cement the area to prevent regrowth.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

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

4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court.

(Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. Miss X says she reported vegetation which she says is growing into her wall and obstructing her rear gate.
8. The Council confirms it is not able to maintain all areas of land it owns as regularly as a homeowner might. It confirmed it has noted her request to cut back vegetation bordering a footpath behind her home. It says it will visit the site and carry out further work if necessary. But as it does not consider her request a high priority as the footpath is passable, it cannot confirm when this visit will take place. Also, It is not able to confirm whether it will concrete over the area as Miss X wants.
9. Having considered Miss X’s request, the decision to give it a low priority is a decision the Council is entitled to make.
10. I understand Miss X is concerned as she says the plants are growing into her wall and rear gate. If she considers the vegetation growing from the Council’s land is damaging her property it is reasonable for her to take the matter to court.
11. Only the courts can decide whether the Council is responsible for any damage caused by the plants. And if Miss X is entitled to claim the costs for repairing any damage. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be a small court fee.

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Final decision

12. We will not investigate Miss X’s complaint because we have not seen enough evidence of fault in the way the Council considered Miss X’s request to cut back the vegetation behind her home.
13. If Miss X believes the vegetation is damaging her property, she can ask the courts to decide whether the Council is liable to pay for repairs.

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Investigator's decision on behalf of the Ombudsman