Summary: We will not investigate Mr X’s complaint the Council failed to take enforcement action against a neighbour’s waste nuisance. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council failed to take enforcement action after he reported waste on a nearby property was causing him a nuisance. He said the waste was attracting vermin, causing a risk to health and had left his own property uninhabitable. Mr X wants the Council to complete a site visit to assess the waste and issue an abatement notice.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service, but must use public money carefully. 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), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. In the Council’s complaint response, it confirmed its Environmental Health Team had considered photographic evidence submitted and completed a site visit. It said it did not consider the waste prejudicial to health, as it was not rotting, or attracting vermin. Additionally, it did not consider the waste items hazardous. It said it had spoken to the property owner to reach an informal agreement about removing the waste.
7. Although Mr X is unhappy with the Council’s response, we will not investigate. The Council considered the available evidence, completed a site visit and set out its reasons why the waste was not a nuisance. There is not enough evidence of fault in how the Council considered Mr X’s concerns to justify our involvement.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman