Calderdale Metropolitan Borough Council (24 011 752)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 13 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s response to concerns regarding her neighbour’s property. There is no evidence of fault, and further investigation would not change the outcome. Additionally, the other matters are late and there is not a good reason for the delay.
The complaint
- Miss X complains the Council failed to take appropriate action in response to her reports about issues with her neighbour’s property. She says nobody is cleaning up dog faeces in the garden, a camper van has remained unmoved on the driveway for a long time, and the attached garage is unsafe.
- Miss X believes these issues have affected her ability to enjoy her home and the garage poses a risk to the public. She wants the Council to make her neighbour clean up the dog faeces and remove the camper van. Miss X also wants the attached garage to be made safe.
The Ombudsman’s role and powers
- 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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X raised concerns about dog faeces in a neighbouring garden in December 2023.The Council carried out a site visit and spoke to the neighbours. While it accepted waste was present at times, the Council determined the neighbour regularly cleaned it up and the issue did not meet the threshold for statutory nuisance. It explained its position to Miss X and advised her to report any continuing issues. The Council carried out the actions we would expect and so it is unlikely we would find evidence of fault in how it made its decision.
- Miss X first raised concerns about the camper van in April 2023, but she did not formally complain to the Council until November 2024 and later approached us in January 2025. The law says people must complain to us within 12 months of becoming aware of the matter. During this time, Miss X could have escalated the issue with the Council or brought the complaint to us sooner. I see no good reason for the delay.
- Miss X also reported concerns about her neighbours’ garage being unsafe to the public, especially in high winds. The Council sent an environmental health officer to assess the garage but later recognised that a structural specialist should have conducted the assessment. The Council referred the matter to the correct department and set up measures to prevent similar errors in the future. Given the Council’s acknowledgment of fault and remedial action, further investigation would not lead to a different outcome.
Final decision
- We will not investigate Miss X’s complaint further because there is insufficient evidence of fault, and additional investigation would not achieve a different outcome. Additionally, Miss X raised the other matters too late.
Investigator's decision on behalf of the Ombudsman