Summary: We will not investigate this complaint about the Council’s failure to clear a private access drive to garages. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s refusal to clear fly-tipped waste on an access area in front of privately-owned garages one which he owns. He says the land is covered in fly-tipped rubbish and is encouraging vermin. He wants the Council to clear the site and maintain it in future.

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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:

• there is not enough evidence of fault to justify investigating, or
• 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))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X lives in a cul-de-sac which has an access drive to private garages which are owned by each householder. The site has become a target for fly-tippers since 2017 and is now covered in rubbish which is attracting vermin. Mr X reported the matter to the Council and it advised him that although it was aware of the issue the land is not its responsibility.
6. The Council told him that it had tried in the past to identify the owner of the access driveway but it appears to have been in the ownership of the developer of the site and the company has been dissolved in the past. In such a situation the land passes to the Crown and becomes classed as Bona Vacantia land. This is the responsibility of a government department, the Bona Vacantia Department (BVD) and that body has no duty to maintain the site or remove rubbish.
7. Previously the Council had served community protection warnings to the garage owners who have access over the land but no undertaking was given by the owners to clear the site. The Council says it has suggested voluntary organisation input or self-funding from the owners but so far this has been unsuccessful. It says it has no powers over the BVD to serve any notices as they can disclaim any liability for clearance. It also suggested the owners may wish to approach the BVD with a view to purchasing the land to secure the access for themselves.
8. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. In this case the Council has advised Mr X of the legal responsibilities for the site and it remains a private matter which the Council cannot resolve for the residents.

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Final decision

9. We will not investigate this complaint about the Council’s failure to clear a private access drive to garages. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman