Summary: We will not investigate this complaint about the Council’s decision not to remove all fly tipped vegetation which has been left near the complainant’s allotment. There is insufficient evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X complains the Council has failed to clear all fly tipped vegetation from an area close to his allotment.

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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))

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How I considered this complaint

3. I considered information provided by Mr X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has decided it will not remove the remaining vegetation. It says the confirmed the cut vegetation will:
• be covered by fresh growth
• acts as a suitable barrier against the fence; and
• has wildlife benefit
6. So, the Council has visited the site and removed some of the fly tipped vegetation. If has explained why it will not remove all of it. This is a decision the Council is entitled to make.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council decided not to clear all the fly tipped vegetation.

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Investigator's decision on behalf of the Ombudsman