The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to manage a collection of waste. This is because any injustice is not significant enough to justify our involvement.
The complaint
Mr X complained the Council would not accept responsibility for managing waste left next to a river. He said he should not have to project manage problems the Council should resolve. He said there is a risk of pollution to the environment. He wants the Council to accept responsibility for managing the problem.
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, or any injustice is not significant enough to justify our involvement (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
Mr X complained the Council did not accept responsibility for managing 70 bags of waste left next to a river.
Our role is to consider complaints where the person bringing the complaint has suffered a significant personal injustice as a result of actions or inactions of the Council. Any injustice caused to Mr X is not significant enough to justify our involvement.
Even if the Council’s inaction had caused Mr X a significant personal injustice we would not investigate. The Council visited the site twice and said the waste was inert and does not constitute a statutory nuisance. It also said there was no evidence of polystyrene blowing into the river.
The Council explained to Mr X that because the waste was not a statutory nuisance it could not take action under the statutory nuisance provisions of the Environmental Protections Act 1990.
It said it had written to the landowners to ask them to address the concerns Mr X raised. It also advised Mr X he could contact the Environment Agency for further advice.
The Council responded to Mr X’s concerns and explained why it could not manage the waste. It asked the landowner to address Mr X’s concerns and directed him to contact the Environment Agency. There is not enough evidence of fault to warrant our involvement.
Final decision
We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman