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

The complaint

1. Mr X complains the Council failed to take effective action in response to his report of fly tipped waste and this meant the waste was not promptly removed.

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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 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), 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 contacted the Council to report fly tipped waste on a road which he believed had been deposited by a Council worker or contractor.
7. The Council responded to Mr X twice on the matter within days of his report. It confirmed:
• The waste was not fly tipped by the Council;
• The waste was left on a private road which is not owned, or maintained by the Council and does not form part of the public highway;
• Responsibility for removing the fly tipped waste lies with the managing agent for the estate and not the Council;
• Its enforcement team attended the site to assess the waste. It secured the area with tape and contacted the managing agent who confirmed they would arrange for the waste to be removed;
• It would be installing CCTV on the nearby public highway to help it identify and deter fly tipping from vehicles.
8. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. The Council is not responsible for removing fly tipped waste on private land. It has clearly explained this in its response to Mr X and it took suitable action in response to his report, as set out above.

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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 here to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman