Epsom & Ewell Borough Council (25 012 514)
Category : Environment and regulation > Refuse and recycling
Decision : Upheld
Decision date : 04 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about ongoing refuse problems near Miss X’s home. This is because the Council took satisfactory action in response to the complaint.
The complaint
- Miss X complains about ongoing build-up of refuse and fly tipping close to her home, causing rodent infestations.
The Ombudsman’s role and powers
- 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 or continue an investigation if we decide:
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council on numerous occasions about refuse build-up and fly tipping close to her home, which led to rodent infestation.
- In the stage two complaint response the Council apologised for the ongoing issues Miss X is experiencing. As a result of her complaint the Council reviewed the efficiency of its current involvement and decided to:
- Increase waste collections from once to twice a week;
- Increase site inspections from once to twice a week;
- Make the site a scheduled priority site; and
- Increase uniformed presence.
- With reference to paragraph 3 above, I am satisfied this was a reasonable way to address the complaint, so the Ombudsman will not start an investigation.
- If these measures do not improve the situation Miss X is entitled to make another complaint to the Council.
Final decision
- We will not investigate Miss X’s complaint because the Council took satisfactory action in response to her complaint.
Investigator's decision on behalf of the Ombudsman