Summary: Miss C complained the Council failed to properly respond and take appropriate action in response to her reports about the condition of her local area which has become a target for waste dumping and is unsightly and presents health and safety issues to residents. We have found no evidence of fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Miss C, complains the Council failed to properly respond and take appropriate action in response to her reports of fly-tipping, inadequate street cleaning, bins being left out, pests and overgrown grass areas harbouring rubbish in her local area. Miss C also says some rubbish and furniture she reported in February 2020 has still not been removed and the Council has not taken any action against those responsible for the issues she raised. Miss C also complains about the Council’s response to her formal complaint.
2. Miss C says because of the Council’s fault her local area has become a target for waste dumping and is unsightly and presents health and safety issues to residents. Miss C also says she has spent unnecessary time and trouble in trying to resolve the matter.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I read the papers provided by Miss C and discussed the complaint with her. I have considered some information from the Council and provided a copy of this to Miss C. I have explained my draft decision to Miss C and the Council and considered the comments received before reaching my final decision.

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What I found

7. Miss C reported issues of fly tipping, residents leaving bins on the street and build-ups of rubbish to the Council at the end of February 2020. Miss C also referred to a particular property and a grassy area. The Council visited the area after Miss C’s reports. The Council placed reminder stickers on the bins on the street advising residents they must return bins to the yard or garden of the property and it would remove abandoned bins. The Council found no evidence to support the report about the particular property during its visit but would continue to check the area.
8. Miss C complained to the Council in mid-March as she was not happy with the Council’s action above.
9. The Council visited the area at the end of March. The Council noted the bins of a particular property were not on the street but were at the front of the property. The Council spoke to the resident who did not want to move the bins. The Council had no powers to require the resident to keep the bins elsewhere at the property. The Council noted another property had a wooden box in their front garden. The Council decided to make land registry checks for both properties and an area of land with shrubbery to establish ownership. The Council noted wheeled bins in front of some alley gates and arranged to meet refuse crews on the next collection day to ensure they returned the bins to the alley in future. The Council noted it could not complete education work due to COVID-19 restrictions.
10. The Council established ownership of both the properties and area of land in April. The Council contacted the landlord of the two properties about the reported issues and the apparent owner of the area of land and shrubbery about maintenance. The Council subsequently confirmed the ownership of this area of land and shrubbery had been transferred to two private property owners.
11. The Council responded to Miss C’s complaint in early April and outlined the actions it had taken in response to her reports and that it planned education and engagement work for when restrictions were lifted.
12. The Council wrote to residents about the issue of leaving bins on the street in early April and completed a four week rat baiting programme in the area during April and May. The Council identified fly tipping for removal during this exercise and has provided photographs.
13. The Council visited several properties with overhanging shrubbery in md June and issued notices to the owners.
14. Miss C telephoned the Council in June for an update. The Council explained it was not responsible for the area of land but that it had served notices to the owners. The Council considered the remaining area required no further action at that time. The Council wrote to Miss C in June to confirm the actions taken.
15. Miss C reported rubbish bags and full bins being left in the area between June and August.
16. The Council visited the area in early July to complete a general inspection. The Council issued targeted letters to some residents in mid-July to say that bins left on the street would be removed.
17. Miss C contacted the Council’s Chief Executive in July as she remained unhappy with the Council’s response to her complaint. The Council wrote to Miss C in August to clarify which issues in her complaint remained outstanding. Miss C provided a list of issues at the end of August. The Council responded to Miss C at the final stage of its complaints procedure at the end of September.
18. Miss C reported various items being fly tipped during October and December which were removed. Miss C also reported more bin bags being left in January and February 2021. The Council has confirmed that it will search fly tipping for evidence to try and identify the person(s) responsible to then consider prosecution but it has not found evidence to identify the perpetrators to date.
19. The Council visited the area in mid-February 2021 to complete a reinspection. The Council noted that some shrubs and hedges had been cut back and that there had been a change in ownership of one property. The Council sent a letter to the new owner to say their shrubs and hedging was encroaching on the highway.
20. Miss C is understandably concerned about the condition of her local area and the impact of the inconsiderate activities of some residents. We can only look at the Council’s response to Miss C’s reports rather than the actions of her neighbours.
21. The Council has provided evidence of its responses to Miss C’s reports which has included visiting the area to remove waste and complete pest control as well as writing to residents to remind them of their responsibilities in terms of waste collection. The Council has also carried out visits to inspect overgrown areas and has established the relevant ownership before issuing notices to the owners. The Council has confirmed that it continues to keep the area under review. Based on the information provided, I am satisfied the Council has responded to Miss C’s reports and taken a proportionate approach to the issues identified.
22. Although I found no fault in the way the Council responded to Miss C’s reports, she has provided photographs showing ongoing issues in her local area. The Council has agreed to keep a photographic record of its weekly monitoring visits and any action taken for this area for the next six weeks. The Ombudsman welcomes this action.

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Final decision

23. I have completed my investigation as I have found no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman