Summary: We will not investigate this complaint about the Council’s response to waste and other environmental concerns Mr X raised with it. There is no significant injustice.

The complaint

1. Mr X was unhappy the Council was not doing enough to deal with street waste including fly-tipping, human waste and other environmental concerns he raised. He said this means he has to live in a poor environment.

Back to top

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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Mr X said the Council had not taken effective action against several issues he raised to it over a period, relating to waste on the street near where he lives. He said this included waste caused by fly-tipping, human waste and other pest control concerns. The Council responded to Mr X’s complaint about this and set out how it was dealing with the areas of concern he raised with it.
5. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
6. I have not seen evidence that Mr X has suffered a significant injustice caused by the fault he alleges and therefore I will not investigate his complaint. Nor will I consider a complaint about how the Council dealt with this matter under its complaint procedures. This is because it is not a good use of resources to investigate complaint handling where we are not looking at the substantive matters.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because there is no significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman