Summary: Mr X complains the Council has failed to prevent fly-tipping near his home. Mr X says the Council confirmed it had put signs up near his home when this was not the case. Mr X says this has caused him distress and frustration. We have found fault in the Councils actions for providing incorrect information to Mr X. The Council has agreed to write to Mr X to apologise, pay him a financial payment and takes further action to resolve the issue.

The complaint

1. Mr X complains the Council has failed to prevent fly-tipping near his home. Mr X says the Council confirmed it had put signs up near his home when this was not the case.
2. Mr X says this has caused him distress and frustration.

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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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council were invited to comment on my draft decision. I have considered any comments before making a final decision.

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What I found

7. The Environmental Protection Act 1990 (the Act) gives councils powers to require occupiers and landowners to remove waste unlawfully deposited on land (known as ‘fly-tipping’). Councils are responsible for waste that has been fly-tipped on ‘relevant’ land. ‘Relevant land’ means land that is open to the air on at least one side, is under the council’s direct control, and is publicly accessible (with or without payment).
8. Councils can investigate allegations of fly-tipping in various ways such as taking witness statements, visiting the location and voluntarily obtaining CCTV footage. Depending on what the evidence shows, councils can decide to remove the fly tipped waste themselves or can issue formal notices requiring the person responsible to remove the waste. Councils should also consider taking action to prevent reoccurrence of problematic fly tipping.

The Councils website

9. The Council’s website confirms if rubbish is dumped on private land it will inform the managing agents or owners to remove it. It also says it’ll help to catch the fly-tippers and collect evidence.

What happened

10. The Council issued letters to properties near Mr X’s home in June 2024 following receipt of several reports of excess rubbish left around the bins meaning they could not be collected. The Council’s letter said it had put signs in place to try and deter fly-tipping.
11. Mr X raised a complaint with the Council in December 2024 about the continual fly-tipping near his property. He said there is dumping nearly every day, and foxes were ripping up the rubbish left in the area.
12. The Council responded to Mr X’s complaint in early January 2025 and confirmed that it had received notifications of fly-tipping in November and December 2024 and had acted on those. The Council also said that it would provide fly-tipping deterrent posters.
13. Mr X raised a further complaint and said the letters the Council had issued had had no effect and there were no signs up to deter fly-tipping.
14. The Council issued a stage two response in May 2025 which said its Education, Communication and Outreach team confirmed it had sent letters and installed three deterrent signs. The Council said it had re-confirmed this had happened. It also said the area Mr X was complaining about was a private road and was therefore not included in the scheduled street cleansing and waste management services. The Council explained that the action its contractor could take was limited as its services are restricted to public roads.
15. The Council said it would send further letters to residents. It also said it would notify the managing agents or landowners to arrange removal of any fly-tipped rubbish. It also said it would help support to identify and take enforcement action against those responsible.
16. The Council advised it had contacted the housing association responsible, and it would be addressing it without further delay.
17. The Council issued letters again warning against fly-tipping in May 2025 and cleared excess waste in August 2025.
18. In November 2025 the Council confirmed its contractor had contacted the housing association responsible for the estate who had said it was completing a weekly fly-tipping patrol for different types of waste. It also said it had authorised temporary CCTV for the area and new signage for the area.
19. The Council has confirmed it had not followed up with the housing association but that it would now do so.

Analysis

20. The Council has confirmed the action it can take on private roads is limited as its services are restricted to public roads.
21. I can see the Council has written to residents to warn them not to fly-tip in the area. Its contractor has also contacted the housing association responsible for the land in accordance with its policy.
22. The Council told Mr X it had installed signage in its response to the complaint. Mr X had told the Council signage had not been installed and the Council confirmed it had been. However, the Council then later said the posters had not been installed and apologised for the confusion. This is fault and would have caused Mr X frustration and distress.

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Action

23. Within four weeks of a final decision, the Council should:

• Write to Mr X to apologise for the distress caused by the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Mr X £200 to recognise the distress and frustration caused to him by incorrect information being provided.
• Provide evidence to show it has chased up with the housing association responsible for the land to confirm what action it has taken with CCTV and further signage.

24. The Council should provide us with evidence it has complied with the above actions.

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Decision

25. I find fault causing injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman