The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council responded after the complainant reported fly-tipping which was damaging her fence. This is because the Council has provided a satisfactory response and the complainant can make a claim on the Council’s insurance.
The complaint
The complainant, Mrs X, complains the Council delayed removing fly-tipping. Mrs X also says the fly-tipping damaged her fence.
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 an investigation if we decide: we are satisfied with the actions an organisation has taken or proposes to take, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6) & (7), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.
My assessment
In January Mrs X reported fly-tipping which was damaging her fence.
The Council removed some of the waste in February but, in response to a complaint, said there was a delay in removing other items because the contractor needed some machinery. The Council completed the work in May. I have seen photographs which show the waste has been removed. Mrs X complained to us before the Council had completed the work.
I will not start an investigation because the Council has provided a satisfactory response. It apologised for the delay in completing the work and said it would raise it as an issue with the contractor.
Mrs X can contact the Council to make a claim on its insurance regarding the damaged fence. It would be for the insurer to decide whether to make a payment. We cannot assess claims for damage as that is the role of insurers or the courts.
Final decision
We will not investigate this complaint because the Council has provided a satisfactory response and any claim for damage needs to be addressed by insurers or the courts.
Investigator's decision on behalf of the Ombudsman