Summary: We will not investigate Mr X’s complaint about how the Council dealt with fly-tipped waste on land that he owns. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains that the Council served him a notice to remove fly-tipped waste on land that he owns. Mr X says the fly-tipping occurred because the Council failed to repair a gate that it is responsible for.

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

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My assessment

5. Mr X says the fly-tipping would not have occurred if the Council had carried out repairs to a gate that leads to his land and, for which the Council is responsible for.
6. I will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council. Prior to Mr X being issued with a notice instructing him to remove fly-tipped waste on his land, the Council’s contractors carried out work to the gate and found it to be in good working order.

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Final decision

7. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman