The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to a fly tipping problem. This is because there is insufficient evidence of fault by the Council.
The complaint
Mr X is unhappy that the Council will not install CCTV at a location where there is a problem with fly tipping, which impacts Mr X and other residents. Mr X feels the Council has dismissed his complaint.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6)) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council carried out a survey of the site in question and concluded it was unsuitable for camera enforcement at that time due to problems with connectivity at the location to its control room. The Council confirmed it was looking into alternatives Borough wide that might provide a CCTV solution in future. Until then, the Council committed to collect and dispose of fly tipped waste at the location within 24 hours of any such reports to it.
The Council has explained the current position in respect of the issues with CCTV. There is insufficient evidence of fault in how it made this decision and so we cannot question it. While I acknowledge Mr X is unhappy with the Council’s response, there are no grounds for us to investigate.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman