Summary: Ms X complains the Council denies there is a problem in her area with fly tipping. The Ombudsman will not investigate this complaint as we are unlikely to find fault in the Council’s actions. Also, further investigation is unlikely to lead to a different outcome.

The complaint

1. Ms X complains the Council refuses to acknowledge there is a problem where she lives with fly tipping and dog fouling. She also says it has sent her a threatening letter.
2. She says she has spent a lot of time contacting the Council to make it deal with the problems she reports.
3. Ms X wants:
• letters sent to residents in her street advising them of the consequences of fly tipping
• fly tipping notices put up
• statements taken when she reports fly tipping; and
• offenders she has identified prosecuted

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The Ombudsman’s role and powers

4. 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’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault
• it is unlikely further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants

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

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How I considered this complaint

5. I considered the information provided by Ms X and the Council. I also spoke to Ms X about her complaint.
6. She commented on the draft version of this decision.

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What I found

7. Ms X previously complained to the Ombudsman that the Council failed to properly respond to reports she made about fly tipping and littering. And it refused to prosecute perpetrators of littering and fly tipping. The Ombudsman decided there was no fault in the Council actions. I cannot reconsider this complaint. Therefore, my consideration of her complaint is restricted to her allegation that the Council refuses to acknowledge what she says is a serious problem. And its decision not to respond to any complaints about matters previously considered and responded to.
8. Ms X has provided much information in the form of photos of fly tipping and litter occurring over several years. She has also provided recordings of telephone conversation with Council officers and copies of letter sent to her by the Council.
9. In her conversation with me, Ms X confirmed the Council always respond to her reports of fly tipping, although sometimes it is not cleared as quickly as it should be.
10. I understand that Ms X considers there is a serious problem with letter etc in her street. The Council is fully aware of the number of reports she has made. And the number of times operatives have been out to clear the rubbish. However, it says that having considered its records, the street where Ms X lives is not a ‘hot spot’.
11. The Council has:
• told Ms X to report any new instances of fly tipping
• advised her which areas are the responsibility of the housing association and provided a contact number
• advised her to report instances of criminal damage, assault, threats or harassment to the police
• stated her allegations of staff misconduct have been dealt with under its staff disciplinary procedures and the results will not be disclosed to her
12. It has also told Ms X that it considers her repeated contact about matters previously consider by both it and the Ombudsman are vexatious and that it will not reconsider them. The Council is entitled to manage its resources and refusing to reconsider matters already dealt with is a decision it is entitled to take.
13. I understand Ms X makes concerted efforts to improve the appearance of her neighbourhood. And that she wants the Council to send letters to residents and prosecute offenders. However, the Council says its mapping and records do not show her street to be a hot spot. And, while it will continue to clear litter etc when reported it does not intend to take further action. Decisions on whether to prosecute are for the Council and its legal team. And as the Ombudsman found previously, there is no evidence of fault in the Council decision not to take the actions that Ms X demands.

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Final decision

14. I will not investigate this complaint. This is because I have seen no evidence of fault in the Council decision that her street is not a hot spot for fly tipping and littering. And it is unlikely we will find fault in the Council’s decision not to respond to complaints it has already considered and closed. Further investigation is unlikely to lead to a different outcome. And we cannot make the Council deal with those responsible in the way she wants it to.

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Investigator's decision on behalf of the Ombudsman