Summary: The Ombudsman will not investigate this complaint about the Council not having the facility for non-residents of the area to report fly tipping. This is because an investigation is unlikely to find fault by the Council, and the injustice to the complainant is not significant enough to warrant an investigation by the Ombudsman.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council does not have the facility for non-residents to be able to report fly tipping. Mrs X also complains the Council is not clearing fly tipping in the expected timeframe.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word 'fault' to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered Mrs X’s complaint and her correspondence with the Council. I invited Mrs X to comment on a draft of my decision.

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What I found

What happened

4. Mrs X complains that there are communal and residential bins within areas of the Council that are continually overflowing, which results in fly tipping.
5. Mrs X complained to the Council about this issue, and delays in clearing the rubbish, however her complaint was closed as she is not a resident of the areas complained about.
6. Mrs X complains that the Council does not provide the facility for non-residents of these areas to report these issues. Mrs X complains that by not allowing non-residents of these areas to report this, the Council is discriminating against non-residents of these areas, causing stress and upset, and not carrying out its responsibilities.
7. The Council advised Mrs X’s reports of fly tipping were withdrawn as they were about residential waste, and that if there were problems with communal or residential waste, it expects these issues to be raised by the residents of the area.

Assessment

8. I cannot see fault with how the Council has reached its decision to not provide the facility for non-residents to report residential and communal refuse issues. The Council expects any problems within residential or communal areas to be raised by the residents of the area.
9. Additionally, Mrs X does not live near to the areas she has complained about. I do not think Mrs X has been caused significant injustice by the waste in these areas to warrant an investigation.

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Final decision

10. I will not investigate this complaint. This is because an investigation is unlikely to find evidence of fault by the Council, and the injustice to the complainant is not significant enough to warrant an investigation by the Ombudsman.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman