Summary: We will not investigate this complaint about the Council’s decision not to investigate Mr X’s report of fly tipping. We do not consider Mr X suffered a significant personal injustice which justifies an investigation.

The complaint

1. Mr X complains the Council will not investigate his report of fly tipping.

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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 or continue an investigation if we decide any injustice is not significant enough to justify our involvement.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X contacted the Council to report someone had placed rubbish in his bin without his permission, while it was out on the pavement for collection. It appears an officer advised this was fly tipping. Mr X provided an email address from a receipt contained within the rubbish as evidence.
6. Mr X says he could not use his bin for several days because he was waiting for the Council to advise whether it would use the waste as evidence to trace the person who put the rubbish in his bin.
7. After about six days Mr X disposed of the waste. He complained to the Council about its lack of action.
8. The Council has responded to Mr X under its complaints procedure. It has apologised for delays in its reposes. It also apologised for Mr X being incorrectly advised as the placing of rubbish in his bin by a third party without his permission does not meet the threshold for fly tipping.
9. The Government’s website defines fly tipping as:
   “…the illegal dumping of waste on land or in water without a proper waste management license. It ranges from a single bag of household rubbish dumped in an alleyway to large-scale, commercial loads of construction rubble or hazardous materials left in the countryside.”
10. I understand Mr X has found the matter frustrating and inconvenient. However, I do not consider that he has suffered a significant personal injustice because of the Council’s decision not to investigate to establish who put rubbish in his bin.

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Final decision

11. We will not investigate Mr X’s complaint because we do not consider he has suffered a significant personal injustice which warrants our involvement.

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Investigator's decision on behalf of the Ombudsman