Lancashire County Council (24 003 696)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 10 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to serve a notice on Mr and Mrs X, to require them to prune vegetation. This is a decision that comes with a right of appeal to the Magistrates’ Court, and it would be reasonable to expect Mr and Mrs X to use this right.
The complaint
- Mr and Mrs X complained about the fact the Council repeatedly sent them notices under the Highways Act 1980, to take action and prune overgrown vegetation. Mr and Mrs X said this was tantamount to intimidation and had a detrimental impact on their private lives.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr and Mrs X complained because the Council served them with a relevant notice in early 2024 and then again later in the year. The notice(s) required Mr and Mrs X take action and prune vegetation, or the Council would carry out this work themselves and charge the costs of it carrying out this work to them. Mr and Mrs X want the Council to stop serving notices because they say it is unnecessary.
- We will not investigate this complaint, because the notice(s) come with a right of appeal to the Magistrates’ Court and it would be reasonable for Mr and Mrs X to use their right of appeal, because the law specifically created this provision to challenge the Council’s decisions here.
- Nor will we investigate how the Council considered Mr and Mrs X’s communication or complaint over this matter. This is because it is not a good use of our resources to look at complaints about this where we are not investigating the substantive issue.
Final decision
- We will not investigate Mr and Mrs X’s complaint because there is a right to appeal the Council’s notices at Magistrates’ Court and it would reasonable to expect them to use it.
Investigator's decision on behalf of the Ombudsman