The Ombudsman's final decision
Summary: We will not exercise discretion to investigate Mr X’s complaint about being charged for clearing waste by the Council in 2017. This was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We will not investigate his complaint about being served with a Community Protection Notice for waste deposited on his land in 2021because it was reasonable for him to challenge the notice by appealing to the Magistrates Court.
The complaint
Mr X complained about the Council’s failure to clear away all the waste on his land which it charged him for in 2017. He says the Council took enforcement action against him in 2021 for the remaining waste which it should have cleared in 2017. He says he has been fined and charged for removal of the same waste and this is unreasonable.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2017 the Council cleared Mr X’s land of dumped waste and he paid for this. He says that the waste was not entirely cleared and in 2020 the Council became involved again when it contacted him about further waste on the site. Mr X says he tried to clear the waste but stopped when he found syringes.
The Council gave Mr X an opportunity to clear the site. It disputed his claim that the waste was remaining from the 2017 clearance and referred to photographs taken at the time. The Council gave Mr X an estimate for clearing the site at his request, but he took no further action.
The Council served Mr X with a Community Protection Notice (CPN)for failing to clear the waste. When the site remained uncleared, the Council carried out the work in default and charged Mr X £252 for the cost. Because he did not comply with the CPN the Council decided to issue him with a Fixed Penalty Notice. This gave him an opportunity to pay a fine and be immune from criminal prosecution for breaching the CPN.
Mr X paid the Penalty within the required 14 days but still disputes the enforcement action taken against him.
Finding
We will not exercise discretion to investigate Mr X’s complaint about the clearance in 2017. If he was unhappy about waste not being removed, he had an opportunity to complain to the Council and to us about it within 12 months.
We will not investigate his complaint about being served with a Community Protection Notice and the subsequent Penalty. The CPN carries a right of appeal to the Magistrates Court within 21 days and he could have used this appeal right if he believed the Notice was served for incorrect reasons. There is no appeal right against a Fixed Penalty Notice, but he could have challenged it in the Court if he believed he had evidence to challenge it.
Final decision
We will not exercise discretion to investigate Mr X’s complaint about being charged for clearing waste by the Council in 2017. This was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We will not investigate his complaint about being served with a Community Protection Notice for waste deposited on his land in 2021because it was reasonable for him to challenge the notice by appealing to the Magistrates Court.
Investigator's decision on behalf of the Ombudsman