Summary: We will not investigate this complaint about the Council’s failure to respond to the complainant’s reports of fly tipping and off-road bikes on a grassed area near their home. We have not seen enough evidence of fault in the Council’s response to the complainant’s reports. And we cannot achieve the outcome he is seeking.

The complaint

1. Mr X complains the Council failed to respond to his reports of problems with fly tipping, off-road bikes, erection of football nets, and damage to a grassed area near his home.
2. He wants the Council:
• to patrol the area every week
• erect fencing and remove all fly tipping, poles, and football nets; and
• to require the Chief Executive and others to resign

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The Ombudsman’s role and powers

3. 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
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Council confirms it acts on Mr X’s reports, clearing fly tipping and forwarding concerns about off-road bikes to the police.
7. It also explained to Mr X that fencing of more than a metre high requires planning permission. The impact of the loss of green open space would form part of the consideration of a planning application. It has also explained that it does not have any available funding for fencing.
8. Mr X wants the Chief Executive and others to resign. This is not something the Ombudsman can achieve.

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Final decision

9. We will not investigate Mr X’s complaint because:
• the information we have seen shows the Council is responding to his reports of fly tipping and off-road bikes appropriately
• the Council explained why it will not erect fencing; and
• we cannot require any Council Officers or Members to resign.

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Investigator's decision on behalf of the Ombudsman