Summary: We will not investigate the Council’s complaints response to Miss X’s concerns about nuisance from a neighbouring garden. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. In short, Miss X says she has been raising concerns for over three years about nuisance caused by waste including dog faeces in a neighbour’s garden.
2. Miss X says it has affected her and her family’s mental health and quality of life. She would like the Council to act to ensure the garden is cleared and kept clean.

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The Ombudsman’s role and powers

3. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. 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 an investigation if we decide:

• we could not add to any previous investigation by the organization.

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

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How I considered this complaint

5. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X has concerns about dog faeces and waste building up in her neighbour’s garden causing odours and flies to accumulate. She also complains about the efforts she has been put to in contacting the Council about these issues. She says the Council treats each concern as a new incident rather than an ongoing problem.
7. The Council’s complaints investigation partly upheld Miss X’s complaint. It admits its earlier responses could have recognised the ‘emotional toll’ on Miss X and communicated more effectively with her.
8. However, the Council disagrees that the garden complained of represents a statutory nuisance under the Environmental Protection Act 1990. It says it reached this decision after officers visited to inspect the garden. It also advises Miss X that the neighbour’s landlord has a role with respect to her complaints.
9. We will not investigate. The Council’s ten page complaints investigation is comprehensive and addresses Miss X’s complaints satisfactorily. The key point is the Council reached its decision, not to take enforcement action against the neighbour, after officers inspected the garden. An investigation by the Ombudsman is therefore unlikely to add to the investigation already carried out by the Council.
10. It is open to Miss X to take out her own private action against her neighbour under s82 of the Environmental Protection Act in the magistrate’s court.

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Final decision

11. We will not investigate Miss X’s complaint because we are unlikely to add to the investigation already carried out by the Council.

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Investigator's decision on behalf of the Ombudsman