Birmingham City Council (23 018 114)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 07 Apr 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s actions in issuing Ms X with a Community Protection Warning. This is because we are unlikely to find evidence of fault by the Council.
The complaint
- Ms X complains the Council issued her with a Community Protection Warning (CPW) when fly tippers dumped rubbish on land she leases. She says she did nothing wrong and that her reputation has been tarnished and she has been punished for the actions of others. She wants the Council to revoke the Warning.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council, including its response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council issued Ms X with a CPW following a complaint it received of fly tipped waste on land leased to Ms X. It made clear it did not suspect Ms X to be directly responsible for depositing the waste but explained to her that as a leaseholder of private land, she was responsible for its maintenance and that the CPW had been correctly issued to her.
- It is most unfortunate that Ms X is responsible for the actions of others who have dumped waste on land she leases. However, there is no evidence to suggest there has been fault by the Council. It properly followed its procedures and issued the CPW to the liable person.
Final decision
- We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman