Summary: We will not investigate this complaint about the Council’s response to a report of fly-tipping. The injustice is not significant enough to warrant our involvement.

The complaint

1. Mr X complains the Council did not respond appropriately when he reported the fly-tipping of large stones in a public park.

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The Ombudsman’s role and powers

2. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X informed the Council large stones had been left in a park near his home. The Council did not take enforcement action.
6. I recognise Mr X is unhappy with the Council’s response, but we will not investigate as the injustice caused is not significant enough to justify our involvement. The stones have also now been removed.
7. We will also not investigate how the Council dealt with Mr X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

8. We will not investigate Mr X’s complaint. The injustice is not significant enough to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman