Summary: Mr X complains about the Council’s failure to address the poor state of the area in which he lives where fly-tipping, weed growth and anti-social behaviour are taking place. We will not investigate the complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. Mr X complains the Council has not taken action to address problems which have arisen following its decision to decant residents and demolish flats in his area. He says it is troubled by fly-tipping, debris, weed growth, rat infestation and anti-social behaviour.

Back to top

The Ombudsman’s role and powers

2. 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 could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council, including its response to his complaint.
4. I considered the Ombudsman’s Assessment Code.
5. I gave Mr X the opportunity to comment on my draft decision.

Back to top

My assessment

6. Mr X complained to the Council about the poor state of his neighbourhood following the moving out of residents of flats which are due to be demolished by the Council.
7. The Council responded at Stage 2 of its complaints procedure in November 2023 and set out the action it had taken, including removal of the fly-tipped rubbish and monitoring the area for any further instances of fly-tipping and securing the old tenement block with fencing to deter further fly-tipping until a longer-term solution is put in place for the demolition of the flats. It told Mr X debris and weeds would be cleared and that a street cleaning schedule had been put in place. It also advised him to report problems of vermin and anti-social behaviour to the relevant service.
8. We do not investigate every complaint we receive and an investigation by the Ombudsman would be unlikely to usefully add to the Council’s own investigation or lead to a significantly different outcome. It has responded to the concerns raised by Mr X and set out the action it has taken and intends to take.

Back to top

Final decision

9. We will not investigate this complaint. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman