Summary: We will not investigate Mr X’s complaint about the Council’s decision to investigate him for possible waste offences. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Mr X complained the Council invited him to an interview under caution for waste offences. He said there was readily available evidence which showed he had not committed any offences and so the Council’s actions caused him avoidable stress. He wanted the Council to end its investigation and apologise to him.
2. Mr X also complained about how the Council handled his complaint.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council sent Mr X a letter to tell him it was investigating a possible waste offence. It said why it believed it had evidence of this offence. It invited him to a voluntary interview, carried out under caution, so he could answer questions about the incident and provide information.
7. Mr X complained to the Council. He told it he had booked a waste collection from the Council and left the waste outside ready for the collection. He said this was readily available information and so it should not have started an investigation into the matter.
8. Mr X then complained to us. He said the Council had not responded to his complaint.
9. We will not investigate Mr X’s complaint the Council invited him to an interview as part of its investigation because there is not enough evidence of fault by the Council. The Council’s waste enforcement policy explains it has a responsibility to investigate possible waste offences. The Council stated what evidence it had irrespective of Mr X’s claim. Therefore, it was appropriate for it to invite him to an interview as part of its investigation into the waste. It is unlikely we would find fault with the Council’s actions.
10. Additionally, we will not investigate how the Council handled Mr X’s complaint. It is not a good use of resources to investigate complaints handling in isolation when we are not considering the substance of the complaint.

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Final decision

11. We will not investigate Mr X’s complaint because it is unlikely we would find fault by the Council.

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Investigator's decision on behalf of the Ombudsman