Summary: Mrs X complained about the Council not collecting waste that residents are fly tipping on her street. The Ombudsman will not investigate this complaint. This is because our investigation would not lead to another outcome and I do not consider there is sufficient personal injustice caused to Mrs X to justify our involvement.

The complaint

1. Mrs X complained the Council is not collecting waste that residents are fly tipping on her street. She says that it is the council tenants that are leaving the waste and the Council should collect it.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely further investigation will lead to a different outcome, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information provided by Mrs X. Mrs X had an opportunity to comment on my draft decision.
4. I considered the information the Council provided as a reply to my enquiries.

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What I found

Background

5. Mrs X lives on a street with Council owned flats.
6. She complained the Council tenants are fly tipping rubbish in front of the flats.
7. Mrs X complained to the Council and asked for the waste to be removed as she believes the Council should take responsibility for its tenants.
8. Mrs X said that the waste is making the street look dirty and this can have a negative impact on the value of her property.
9. She would like to Council to install CCTV and punish the people responsible for fly tipping on her street.

Assessment

10. The Council have confirmed that the housing department informed its tenants about the penalty for fly tipping and informed them of the nearest waste collection sites.
11. I understand that Mrs X is not happy with the action the Council has taken about her fly tipping complaints however it cannot be held responsible for residents’ actions.
12. The Council said it can no longer provide free bulky waste collection, and it is responsibility of the residents to legally dispose of their waste.
13. It is difficult to prosecute individuals for fly tipping without sufficient evidence. I consider the Councils action proportionate and our investigation would not result in another outcome.
14. Additionally, I do not consider that there is a sufficient personal injustice caused to Mrs X by the fly tipping to justify out involvement.

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Final decision

15. The Ombudsman will not investigate this complaint. This is because our investigation would not lead to another outcome and I do not consider there is sufficient personal injustice caused to Mrs X to justify our involvement.

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Investigator's decision on behalf of the Ombudsman