The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with reports of fly tipping. This is because further investigation would not lead to a different outcome.
The complaint
Mr X complains the Council did not act on reports of fly tipping near his home. He says this has had a negative impact on his daily life, has caused hygiene concerns and led to pests. Mr X would like the Council to take action against the fly tippers, clean the area thoroughly, review how his reports were handled and ensure any future issues are dealt with.
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 further investigation would not lead to a different outcome (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
In the Council’s response to Mr X’s complaint, it confirmed that the rubbish he reported was cleared in December 2025 and it had made the decision not to take enforcement action in relation to fly tipping.
We will not investigate Mr X’s complaint. It is the Council’s decision whether it takes enforcement action, and the Ombudsman cannot direct it to do so. In addition, the Council has cleared the rubbish and so further investigation would not lead to a different outcome.
If Mr X continues to be unhappy about fly tipping, or has a request for street cleaning, he would need to continue to report this to the Council through the appropriate channels.
Final decision
We will not investigate Mr X’s complaint because the Council’s actions are sufficient to remedy any injustice to Mr X and further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman