Blackburn with Darwen Council (24 001 378)
The Ombudsman's final decision:
Summary: Miss X complained about the way the Council has dealt with issues on an open space near her home. She said fencing was being used to block public rights of way and the Council has not dealt with several reports of fly tipping. Miss X stated she had been complaining about this matter for over a year and it has not been addressed. Miss X said this has impacted her mental health and she has taken time and trouble to complain. There was fault in the way the Council did not act to resolve fly tipping, did not complete the complaint response and communication from the Council was poor. Miss X did not suffer significant personal injustice from the Council fault, but was put to time and trouble to complain. The Council has agreed to apologise, make a financial payment, remind staff of the Council’s responsibilities and complete a site inspection.
The complaint
- Miss X complained about the way the Council has dealt with issues on an open space near her home. She said fencing was being used to block public rights of way and the Council has not dealt with several reports of fly tipping. Miss X stated she had been complaining about this matter for over a year and it has not been addressed. Miss X said this has impacted her mental health and she has taken time and trouble to complain.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
- If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
- I read Miss X’s complaint and spoke to her about it on the phone.
- I considered information provided by Miss X and the Council.
- Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Background information
- Fly-tipping is the illegal dumping of rubbish on land or in water.
- Councils must remove and dispose of fly-tipped waste on “relevant land”. Relevant land is publicly accessible land under the Council’s direct control.
- Councils also have powers to require owners of private land to clear litter, rubbish or controlled waste.
- The Council complaint policy says it will respond to a stage one complaint within 15 working days. It says it would respond to a stage two complaint within 30 working days.
What happened
- This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
- Miss X regularly walks on the land near her home. She said she had reported issues on the land, such as fly tipping and fallen fences surrounding the land for building work, for a long time. Miss X complained to the Council in January 2023.
- Miss X resent the complaint in March 2023.
- Miss X chased the Council for a response in April 2023 and May 2023.
- The Council sent several internal communications about the issues on the land. Miss X chased the Council for a response again in September 2023. The Council responded and assured Miss X it would attend the site.
- The Council contacted Miss X at the end of September 2023. It said it would address the issues with the land developer. Miss X welcomed this, but said she still wanted a response to her formal complaint.
- Miss X chased the Council in December 2023. She sent several photos of the site. The Council sent the pictures to the developer and asked it to secure the fencing around the site.
- Miss X chased the Council in January 2024.
- The Council responded to Miss X in February 2024. The response confirmed the Council had visited the site and was satisfied with the development area. It confirmed the informal footpaths were mainly clear except for some fencing that had fallen. The Council confirmed it would ask the developer to make the fencing safe.
- Miss X contacted the Council in March 2023. She said she complained over 12 months ago and nothing had happened. Miss X sent in more pictures of the site.
- Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to clear the site, apologise and improve its communication with people.
- In response to my enquiries the Council stated it owned the land but there was no official public right of way. It stated the site was designated for a housing development and it allowed the developer to put soil onto the land until the development started.
My findings
- The Council has evidenced the public rights of way around the site. The rights of way do not go through the site. The Council allows people onto the site on informal footpaths. As this is not a formal right of way, the Council was not at fault for blocking a public right of way.
- The Council said it investigated all reports of fly tipping. It confirmed for the last four reports, since 2021, it found no evidence of fly tipping. The Council has not evidenced this. It has provided no evidence of any visits, reports or pictures. Without any evidence of the Council’s actions, I cannot say it acted. The Council must dispose of fly tipped waste on its land and it has not acted. This is fault.
- While there is fault by the Council, I cannot say this caused a significant personal injustice to Miss X. The Council allows people to access the land, and there are other areas available for the public to access.
Communication and complaint handling
- Miss X complained to the Council in January 2023. The Council policy states it will respond within 15 working days. The Council has not responded to this complaint. This is fault and this frustrated Miss X.
- Miss X has chased the Council on several occasions. The Council either did not respond or confirmed it would investigate but did not follow up. Communication from the Council was poor. This is fault and this frustrated Miss X.
Agreed action
- To remedy the outstanding injustice caused to Miss X by the fault I have identified, the Council has agreed to take the following action within 4 weeks of my final decision:
- Apologise to Miss X for the fault identified in this investigation. This apology should be in accordance with the Ombudsman’s guidance Making an effective apology.
- Pay Miss X £250 as an acknowledgement of the time and trouble she has spent pursuing this complaint.
- Remind relevant staff of the importance of effective complaint handling and communication.
- Remind relevant staff of the importance of keeping accurate records of its actions.
- Complete a site inspection to ensure the site is safe for anyone accessing it.
- The Council should provide evidence of the actions taken to satisfy the recommendations.
Final decision
- I have completed my investigation. I have found fault by the Council, which caused injustice to Miss X.
Investigator's decision on behalf of the Ombudsman