Summary: We will not investigate Mr X’s complaint about the Council’s handling of his complaints about fly-tipping. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council has failed to take effective action to prevent fly-tipping outside his restaurant.
2. He says that it is unsightly which prevents his customers from sitting outside, it is unhygienic and in summer it smells.
3. Mr X wants the Council to provide proper bins to prevent this from continuing.

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The Ombudsman’s role and powers

4. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In its response to my enquiries, the Council said it had tried unsuccessfully to identify who was fly-tipping. It had also written to local businesses and residents explaining how to properly dispose of their rubbish and had put up warning signs, although someone had subsequently removed them. Rubbish was removed daily and the Council had increased monitoring of the area. It said it was open to further discussions with Mr X.
8. We will not investigate this complaint. The Council has taken appropriate steps to investigate Mr X’s concerns and it has explained what steps it is taking to address fly-tipping in the area. There is not enough evidence of fault to justify an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman