The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s response to his reports of public health concerns caused by dogs. There is no evidence of fault.
The complaint
Mr X complained because the Council took no action after he told it about dogs, he had seen urinating on public beaches. Mr X said this has caused him concern about public health and wants the Council to investigate all reports of this nature.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X told the Council he was concerned about public health after he witnessed dogs urinating on public beaches and because the Council decided to take no action, he complained. The Council replied to Mr X’s complaint and told him why it took no action. It also explained how it responded to related issues during peak months. There is no evidence of fault in the Council’s actions here and in any case, we could not direct the Council to carry out Mr X’s desired outcome.
Final decision
We will not investigate Mr X’s complaint because there is no evidence of fault.
Investigator's decision on behalf of the Ombudsman