The Ombudsman's final decision
Summary: We will not investigate this complaint the Council has not taken appropriate enforcement action against encampments. There is not enough evidence of fault to justify our involvement.
The complaint
Mr X complained the Council had failed to take appropriate enforcement action against encampments located close to his work site. He said the van dwellers living in the encampments were causing damage and graffiti in the area. He wants the Council to remove the encampments and prevent them from returning.
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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint against the Council. The Council’s complaint response confirms it has acted within the parameters of its policy on ‘Vehicle Delling on the Highway’. It had issued a notice requiring the van dwellers to move and had sought an injunction. It explained any order only dispersed the van dwellers elsewhere and it did not have the powers to prevent this. Nor could it prevent them returning to a previously vacated area.
Although frustrating for Mr X, the Council has acted in line with its policy, therefore there is not enough evidence of fault to justify our involvement.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman