Summary: Mrs D says the Council has failed to address refuse bins and fly tipping obstructing a pavement. The Ombudsman has discontinued the investigation because he cannot add to what the Council has already done, and further investigation would not lead to a different outcome.

The complaint

1. The complainant (whom I refer to as Mrs D) says the Council has failed to resolve problems with refuse bins left on the pavement and fly tipped items blocking the path she uses to walk her child to school.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I have carefully considered all the information provided by Mrs D.
4. I shared my draft decision with both parties and considered their responses.

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What I found

5. Mrs D has complained to the Council about residential refuse bins blocking a pavement she walks to take her child to school. She said large items are fly tipped and there is rubbish on the pavement. The Council considered her complaint and replied setting out its role and responsibilities. It also explained the actions it had taken as a result of her contact and undertook to visit the area again.
6. I appreciate Mrs D remains dissatisfied with the Council. However, the Ombudsman must consider whether it is appropriate to investigate. In this case I do not see that we can add to the substantial information already provided by the Council or that we would find fault based on what I have seen to date. In addition, we cannot tell the Council to take formal enforcement action against residents and so cannot achieve the main outcome sought by Mrs D.

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Final decision

7. I have discontinued the investigation.

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Investigator's decision on behalf of the Ombudsman