Summary: Mr X complained about the Council’s failure to prevent fly-tipping at the rear of the shops where he lives. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault on the Council’s part which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s failure to prevent fly-tipping in an access lane at the rear of shops where he lives. He says the Council should take action to secure a gate which gives access to the site.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has been given the opportunity to comment on the draft decision.

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What I found

4. Mr X says the row of shops where he lives has been subject to fly tipping at the rear for some time. He says the Council should take action to ensure that a gate which gives access to the area is kept closed to prevent unauthorised access.
5. The Council says it has investigated ownership of the land and it has no responsibility for the private area or the gates which are the owner’s responsibility for maintaining and operating. It checked the ownership of the land with the Land Registry and informed the complainants of their responsibility.
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. Although Councils have powers to prosecute fly-tippers when they have sufficient evidence, it is for owners of private land to take precautions against criminal activity.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault on the Council’s part which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman