Summary: Mr X complains the Council failed to follow its own planning guidance regarding waste storage and collection at a development site adjacent to a property he owns. We will not investigate the complaint because there is insufficient evidence of fault by the Council or injustice caused to Mr X to warrant an investigation.

The complaint

1. Mr X complains the Council approved waste storage and collection provision at a development site close to a property he owns which will not allow the occupiers to comply with Council guidance on the storing and separating of rubbish.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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 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, or
• any fault has not caused injustice to the person who complained, or
• 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

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that it had approved provision for the storage and recycling of waste for occupiers of a new development at a site close to a property he owns which does not follow its own guidance on the matter.
7. The Council explained to Mr X that the guidance is just that and while the Council will refer to it, it is not the only factor to be taken into account in making decisions. It said it had discussed the proposed provision with the Highway Authority and its waste collection service who had raised no objection.
8. It is not our role to act as a point of appeal. We cannot question decisions made by councils if they have followed the right steps and considered the relevant evidence and information.
9. The Council did delay in responding to Mr X’s complaint about this matter but there is insufficient evidence of fault by the Council to warrant an investigation. Moreover, while Mr X owns a property close to the development site, there is no personal injustice caused to him which would warrant an investigation.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council or injustice caused to Mr X to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman