Summary: We cannot by law investigate this complaint about an alleged fault by the Council in investigating and deciding a high hedge complaint it received from the complainant’s neighbour. This is because the complainant appealed the Council’s decision to the Planning Inspectorate. The Planning Inspectorate acts on behalf of the relevant Secretary of State. We have no legal jurisdiction to investigate in these circumstances.

The complaint

1. The complainant (Mr X) complains the Council has not properly investigated a complaint it received from his neighbour in respect of a high hedge on his property. He says this led to flawed and adverse decision-making by the Council.
2. In summary, Mr X says the alleged fault has caused him undue stress and anxiety. As a desired outcome, he wants the Council to review its decision about the high hedge complaint.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended).

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Following the Council’s decision relating to the high hedge complaint, Mr X appealed this to the Planning Inspectorate. The Planning Inspectorate acts on behalf of the relevant Secretary of State. The complaint is therefore outside of our legal jurisdiction and we have no discretion to investigate.

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Final decision

6. We cannot by law investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman