Summary: We will not investigate this complaint about the Council’s handling of matters concerning an untidy garden at the back of Ms X’s property. This is because an investigation is unlikely to add to the Council’s own investigation or lead to a different outcome.

The complaint

1. The complainant, who I refer to as Ms X, says the Council has not properly investigated her reports of an untidy garden at the property behind her property. She says rubbish has been dumped there and the state of the land has affected her health and well-being.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, 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))

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council about the untidy state of a garden at the back of her property which had rubbish dumped on it.
7. The Council investigated and issued a fixed penalty notice to the owner of the property for the removal of waste on the land.
8. In response to my query, the Council has confirmed the waste which led to the issuing of the notice has been removed. It noted that while Ms X would like the owner to level the ground to prevent bugs invading her space, this is not a matter it can enforce. It has previously advised Ms X that she can arrange her own tests about a possible health and safety issue from the soil and bugs.
9. While Ms X may not be happy with the state of the land behind her own, the Council investigated, took action and has satisfied itself with the current situation. We do not investigate every complaint we receive and as an investigation by the Ombudsman is unlikely to usefully add to the Council’s own investigation or lead to a different outcome, we will not investigate the complaint.
10. Ms X has also complained about the Council’s handling of her complaints but we will not investigate secondary issues when we are not investigating the substantive issue.

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Final decision

11. We will not investigate Ms X’s complaint because an investigation is unlikely to add to the Council’s own investigation or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman