Summary: We will not investigate this complaint about the Council’s handling of X’s complaint. There is no worthwhile outcome achievable.

The complaint

1. X complains about the Councils handling of their compliant about fly tipping.
2. They said this has left them unsure how to report and complain to the Council in the future.

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The Ombudsman’s role and powers

3. 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, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. X complained about fly-tipping to the Council in July 2024.
7. The Council investigated but did not initially remove the waste as it was on private land. It later agreed to do so.
8. X complained to the Council in August 2024 that the case had been incorrectly dealt with.
9. X complained further in August 2024 that the Council had not correctly investigated and that the Council had not replied to them.
10. The Council acknowledged X’s stage two complaint in September 2024. It apologised for the delay in responding.
11. The Council sent its stage two reply in October 2024. This provided:
• details of the contact that had been made or attempted by the Council with X,
• the process of complaint investigation,
• advice on the Council’s legal duties relating to waste on private land
• information on how further reports of fly-tipping could be made.
12. The Council apologised for short delays in dealing with X’s complaints.
13. There is nothing significant more we could achieve from this complaint. The Council has removed the waste and apologised for short delays in complaint handling.
14. We will not investigate the Council’s handling of X’s complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we cannot deal with the substantive issue.

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Final decision

15. We will not investigate X’s complaint because there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman