Written question asked by Baroness Gardner of Parkes (Conservative), in the House of Lords. It was answered by Baroness Andrews (Labour) on Thursday, 10 January 2008.

High Hedges

Question: asked Her Majesty's Government:Whether, under the high hedges legislation contained in the Anti-social Behaviour Act 2003, the only recourse complainants have is to the Local Government Ombudsman and judicial review where (a) a council refuses to accept a formal complaint; (b) a council makes an error in the remedial notice and refuses to issue a correction; and (c) the council fails to enforce the remedial notice.

Answer: A complainant may challenge the administrative processes through the council's own complaints officer, the Local Government Ombudsman or judicial review. There are no rights of appeal in the scenarios quoted. Another option would be for the complainant to submit a new complaint that met the requirements of the Anti-social Behaviour Act 2003 when a council refuse to accept a formal complaint. It may also be possible for a complainant to bring a private prosecution against the hedge owner where a council fails to enforce a remedial notice.

Secondary information