Summary: We will not investigate Mr X’s complaint about the Council’s response to his report of fly-tipping. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Mr X, complains about the Council’s response to his report about fly-tipping on a nearby pathway. Mr X says the Council responded to his previous reports of flytipping in this area but failed to remove a large item he reported as it says it is not responsible for the area of land it is on.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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
• we could not add to any previous investigation by the organisation. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that it failed to remove a large item he reported as fly-tipped on a nearby pathway. Mr X said the Council responded to his previous reports of fly-tipping in this area, but it failed to remove this item.
7. In response, the Council explained the item Mr X reported was on a piece of land to the side of the footpath which it does not own or maintain. As a result, there was no action it could take in relation to fly-tipping there and it cannot remove items that are not on the highways network.
8. We will not investigate Mr X’s complaint. This is because there is no sign of fault by the Council here. It has explained it does not own or maintain the piece of land where the item was left. It is not responsible for removing the fly-tipped item or for resolving the issue in the way Mr X seeks. There is nothing further we could add to the response the Council has already provided 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