Summary: We will not investigate this complaint that the Council ignored the complainant’s report of fly tipping. This is because there is insufficient evidence of fault and injustice.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council ignored his reports about fly tipping. He says it creates a bad impression in the neighbourhood.

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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 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X. This includes the complaint reply. I also considered our Assessment Code.

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My assessment

4. Mr X contacted the Council on a Friday to report that two bags of rubbish had been dumped outside his garden. The Council removed the rubbish on the following Monday.
5. In response to Mr X’s complaint the Council explained that it was under-staffed on the Friday due to an operation it carried out with police. It said that normally it has enough staff to join police operations and carry out normal enforcement duties but, on that Friday, it was unexpectedly short of staff.
6. The Council said that, in an effort to have the bags removed before the weekend, it passed the report to the waste team. Unfortunately the rubbish was not removed until the Monday. The Council stressed it takes reports of fly tipping seriously and takes enforcement action if offenders can be identified.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council dealt with Mr X’s report by passing the case to the waste team, hoping a crew would collect the bags before the weekend. Unfortunately the bags were not collected until the Monday but this is not an indication of fault requiring an investigation. The Enforcement Team could not remove the bags immediately but acted appropriately by making alternative arrangements. The Council also explained to Mr X what had happened and why.
8. I also will not start an investigation because there is insufficient evidence of injustice. I appreciate Mr X acted responsibly by reporting the fly tipping and is keen to maintain standards in his area; but having to wait over the weekend for the removal of the rubbish is not an injustice requiring an investigation. There was an error with the Council’s website which incorrectly reported the progress of Mr X’s case. This does not need an investigation because the Council explained what had happened and apologised; this does not represent a degree of injustice requiring an investigation.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault and injustice.

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Investigator's decision on behalf of the Ombudsman