Summary: We will not investigate this complaint about how the Council dealt with concerns about a vehicle encampment. This is because we are unlikely to find fault.

The complaint

1. Ms X has complained about how the Council has dealt with concerns about a vehicle encampment in the area where she lives. Ms X says the encampment is having a significant impact on the area and the Council has failed to take any action. Ms X says the lack of action encourages others to come to the site.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. The Council’s policy for managing unauthorised encampments sets out the process it follows when it receives reports of vehicle dwellers. The policy says the Council’s neighbourhood enforcement team must complete a welfare assessment for the occupants of the vehicle before any enforcement action can be taken. The Council will also consider if the encampment is high or low impact.
7. In this case, the Council’s enforcement team and city marshals have visited the site on many occasions to assess the issues and complete welfare assessments. The Council decided part of the site was high impact and arranged for waste to be cleared. The Council accepts that recent visits have shown further waste problems and says more frequent visits will be required to address the issue. Residents can also report issues on the Council’s website.
8. I understand Ms X says the Council should remove the encampment. But I am satisfied the Council has properly considered if it can take enforcement action. The Council continues to monitor the situation and officers visit the site on a regular basis. It has also arranged for waste to be removed when necessary. As the Council has properly considered if enforcement action is required, in line with its policy, it is unlikely I could find fault.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman