The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Ms X’s reports of fly tipping close to her business. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.
The complaint
The complainant, who I refer to as Ms X, complains about the Council’s response to her reports of fly tipping and the state of the area close to her business.
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 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 may decide not to continue with an investigation if we decide: 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))
How I considered this complaint
I considered information provided by Ms X and the Council, including its response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about its delay in resolving issues of fly tipping and the state of the area close to her business.
The Council acknowledged it had been at fault in not providing a clearer response to her original complaint but said it had now taken appropriate action to address it. It also advised Ms X to make direct contact with a named officer to raise any further issues going forward which would be passed on to the relevant service.
While there has been some fault by the Council, this has been acknowledged and it has taken action taken to address the fly tipping. Ms X would like the area close to her business, which has been designated for rewilding, to be regularly cut. However, a decision on this matter and whether to introduce CCTV into the area, are matters for the Council to decide. It is not our role to act as a point of appeal in relation to decisions taken by councils.
Final decision
We will not investigate Ms X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman