Walsall Metropolitan Borough Council (25 019 396)
The Ombudsman's final decision:
Summary: We have upheld Mr X’s complaint about fly tipping. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The complaint
- We have upheld Mr X’s complaint about fly tipping near his home. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X made a complaint about fly tipping near his home and the Council failed to respond adequately causing him frustration.
- We asked the Council to consider remedying the injustice caused by apologising to Mr X and issuing a comprehensive response, answering his queries. To its credit the Council agreed to resolve the complaint.
Agreed action
- Within one month of the final decision, the Council will:
- Apologise to Mr X;
- Respond to Mr X’s complaint in full; setting out which areas are the Council’s responsibility and which are the responsibility of the Housing Group, and detailing where he can report fly tipping to the Housing Group.
Final decision
- We have upheld Mr X’s complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman