Summary: We will not investigate this complaint about the Council’s handling of reports of fly tipping and a pest problem. We could not add to the investigation the Council has already carried out, so further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council did not properly consider his reports of fly tipping and a pest problem. Mr X also said the Council’s communication with him was poor, and there was unacceptable delay in responding to his complaint.
2. Mr X said this caused distress and frustration.
3. Mr X wants the Council to review its processes and respond to his stage two complaint.

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The Ombudsman’s role and powers

4. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X raised concerns with the Council about fly tipping and a pest problem.
8. Mr X was dissatisfied with the Council’s handling of his concerns and so complained to it.
9. Mr X approached the Ombudsman before completing the Council’s two-stage complaints procedure. This was because of the unacceptable delay in responding to his stage two complaint.
10. Since that time, the Council has responded to Mr X’s stage two complaint. The Council upheld Mr X’s points of complaint, provided information about action it had taken, apologised and took learning from his experience.
11. We will not investigate this complaint. We could not add to the findings the Council has already made from its own investigation, and as such further investigation would not lead to a different outcome.
12. We will also not investigate Mr X’s complaint about the Council’s complaint handling. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.

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Final decision

13. We will not investigate Mr X’s complaint because we could not add to the investigation the Council has already carried out, so further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman