Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaints of fly tipping. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council did not properly respond to his complaint about fly tipping. He also complained that the Council would not assist him when he decided to take legal action against the other party.
2. Mr X said he has been put to avoidable time and trouble by the Council’s actions.

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The Ombudsman’s role and powers

3. 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.

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

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X reported fly tipping of general waste on his land to the Council in April 2022. The Council investigated and found insufficient evidence to warrant taking enforcement action.
7. Mr X decided to pursue legal action against the party responsible for the fly tipping and asked the Council to provide the video cam footage taken when the Council visited the site to investigate. He also forwarded communication between him, and the other party involved.
8. The Council told Mr X it could not provide the footage due to data protection and it was unable to assist him further as the matter was now a civil matter.
   The Council also told Mr X he had the opportunity to resolve the matter informally as the other party had offered to remove the complained about waste.
9. Mr X remains unhappy with the situation and wants us to find the Council at fault. The evidence shows the Council investigated Mr X’s complaint and deemed there was insufficient evidence to warrant taking further action. The Council was entitled to make this decision and there is no evidence it acted with fault in doing so. The Council has explained it cannot release the footage Mr X requested due to data protection. It is open to Mr X to pursue this part of the complaint with the Information Commissioner’s office as it relates to the dispersal of data. Mr X is now pursuing this matter privately; the Council is not required to become involved with this.

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Final decision

10. We will not investigate Mr X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman