The Ombudsman's final decision
Summary: We will not investigate this complaint about waste on private land close to the complainant’s home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.
The complaint
The complainant, whom I shall refer to as Mr X, complained the Council had not done enough to deal with waste on private land close to his home. The waste is from commercial bins in an alleyway Mr X needs to use to access his own property.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I recognise and understand Mr X is upset by the waste close to his home. But we will not start an investigation into his complaint.
The Council has told Mr X about its enforcement powers and that it has ongoing enforcement efforts in the area. But the Council is limited in what it can tell Mr X. I am satisfied though that the Council has taken the steps we would expect it to, given the circumstances of the case. There is not enough evidence of fault by the Council for us to become involved.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman