Illegal? Hedge Being Trimmed While Birds Actively Nesting

[Menier]

Just looking for some advice here.
I live in a built up area but have been pretty successfully maintaining a wildlife garden for the last twenty years and often have nesting birds. Theses last ten days or so there have been a pair of blackbirds nesting in the tall hedge along the fence that divides my garden from .my neighbours. This morning as myself and DD were setting off for a weekend break I could hear a hedge trimmer and realised the neighbours had a gardener/ handyman in to trim that same hedge.
So as we were passing the neighbours driveway on our way out I saw the gate was opened and called to the chap that was trimming to ask him to stop because there are actively nesting birds. He was quite friendly but said he didn't have to stop, only to be careful. I then got quite cross and said that if he carried on the birds would probably abandon the nest. This went on for a few minutes with me then ending it saying I was getting upset and I had to go to catch my train to go away.

Im sitting in my hotel room now and have just Googled and seen that he may have actually been committing an offence by carrying on once he knew the nest was there.
My question is, shall I do anything? I imagine that by now it's all over and the nest is either abandoned or destroyed. My neighbours are a pleasant seeming youngish couple that have fairly recently moved in and I don't think they are really aware of nesting seasons etc ( first house with a garden I think).
I certainly don't wish to fall out with them but I also don't want to just leave it.
Any advice Mumsnetters?

Whose hedge is it? Whose side of the fence are the roots on?
If it's the neighbours' hedge I can't imagine they'd be too thrilled at being told they can't cut it as the bulk of it will be on their side.

Yes it is illegal to disturb nesting birds through hedge cutting. If he wasn’t aware at the time once you alerted him he should have stopped.
What you do about it is up to you. If you notified the police it is unlikely they would be able to take it any further unless there was evidence.

Who owns the hedge?

It may well be that the gardener you saw had more experience than you about how to trim a hedge without causing enough distress to nesting birds to cause them to abandon the nest. Provided he is really 'careful' as he claimed to be, he won't be breaking the law.

Round my way it is very very common for hedges to be trimmed during the summer.

My advice would be to just leave it. As you say, any action you take now will have no effect on the birds. And I think it will damage your relationship with your new neighbours if you draw their attention to it retrospectively. If anything, just drop something relevant into your general conversation with them some time before their next hedge trimming.

Thanks, hedge has roots on both sides of the fence.

As above roots on both sides but probably a lot more on my side and it grows all the way to the top of the fence and then spills over to their side if that makes sense. I understand it's a bit overgrown at the top but would not do any harm to wait until end of August to trim it back.

It doesnt matter who owns it, its illegal even if you own the hedge or think you know how to be really careful! 🙄

Possibly too late for now, but maybe see if you can bring it up with them at another time id they seem chatty and approachable

Thanks, I agree it's probably too late now and we are not back until Sunday. I think if we hadn't been rushing for the train I would have been more considered about my approach but there we are.

Rspb suggests ringing 101
https://www.rspb.org.uk/birds-and-wildlife/how-to-report-crimes-against-wild-birds

How is that relevant?

It will be relevant in future conversations with the neighbour about ongoing maintenance.

Quick update, we've just arrived back and all seems well, blackbird is on the nest and hedge appears intact in that part.
Good news and thanks to those that responded.

Make sure you trim it yourself in good time next year so that they won't have to do it in nesting season. It is distressing but it's too late now for this year.

The illegality only applies to agricultural land and public hedgerows not to private gardens. Yes, of course, everyone should be careful, we know where birds are nesting, but most have fledged by now, your blackbirds must be on their second brood.

We have been cutting hedges for a few weeks now. If we didn't, we wouldn't be able to access the house!

no it applies to everyone who disturbs nesting birds.