Summary: We will not investigate this complaint about the Council’s decision not to take action against people who littered outside Mr X’s home despite his evidence of them doing so. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains the Council is not taking any action against members of the public who threw litter from vehicles outside his home despite the information and CCTV footage he provided.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
3. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (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 the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that despite the evidence and CCTV footage he provided, it had not taken action against people littering outside his home.
7. The Council investigated his concerns and considered the evidence provided. However, it explained to him that, having sought legal advice, it would not be appropriate to use the CCTV footage to support any criminal investigations or proceedings.
8. While this may be a disappointing decision for Mr X, it is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. There is no evidence to suggest fault affected the Council’s decision here.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman