The Ombudsman's final decision
Summary: We will not investigate this complaint about rubbish dumped at the rear of Mr X’s property which caused damage to his fence. This is because Mr X has a legal remedy against the Council which places the complaint outside our jurisdiction.
The complaint
Mr X complains the Council did not act to address rubbish being dumped at the rear of his property which caused damage to his fence.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X reported rubbish being dumped by his property which caused damage to his fence.
The Council responded to explain that some problems had arisen while it changed over from a bag to a bin collection service but that it had removed the rubbish and given Mr X details of how to make a claim against the Council for the damaged fence.
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. It is open to him to make an insurance claim against the Council and if this is unsuccessful, he can take legal action against the Council through the courts. As he has this alternative remedy which we would reasonably expect him to use, the complaint falls outside our jurisdiction and will not be investigated.
If problems with dumped rubbish continue, the Council has asked Mr X to report this so it can take appropriate action.
Final decision
We will not investigate Mr X’s complaint because he has a legal remedy against the Council which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman