Overview:

Key to names used

• Mr K The complainant

Summary

Mr K complained the Council has failed to remove a fly-tipped mattress from a river running through a council-owned park. He says this has had an impact on wildlife in the river.

Finding

Fault found, causing injustice, and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice identified in this report, we recommend the Council:

• remove the fly-tipped waste from the river;
• circulate guidance to relevant staff, highlighting the Government guidance on this matter, and reminding them the Council has a duty to remove fly-tipped waste in water on its land; and
• write a formal letter of apology to Mr K, acknowledging it was at fault for not accepting its responsibility to do so when he first reported it. Our guidance on remedies sets out our expectations for how organisations should apologise effectively to remedy injustice, and the Council should consider this guidance when writing to Mr K.

The Council has accepted these recommendations.

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