Local authority told by Ombudsman to remove fly-tipped mattress from river on council land

The Ombudsman found that based on government guidance, it was the council’s duty to remove the waste, as it was in “water on council land”.

The man behind the complaint had asked Kingston that the mattress be removed.

However, the council argued it was “not its responsibility” and suggested the man contact the Environment Agency instead, the Ombudsman noted.

The man spent four months complaining to the council before turning to the Ombudsman, during which time the mattress “remained a blight on the environment in the park”, the Ombudsman report stated.

Following investigation, the Ombudsman concluded that it was the council’s duty to remove the waste, and criticised its “inflexibility”.

To remedy the injustice caused, the watchdog recommended the council apologise to the man, remove the mattress from the river and “circulate guidance to staff highlighting Government guidance on fly-tipped waste”.

The Local Government and Social Care Ombudsman, Amerdeep Somal said: “I am disappointed by the council’s inflexibility in this case, and quite astonished it has taken such a long time to put right what should have been a simple task to remove the mattress from the river, which is barely ankle deep.

“It absolutely should not have taken months of correspondence and our investigation for the council to realise it should act.

“Fly-tipping of this type is a blight on local communities and affects people using the park for leisure and exercise. People care about their local environment and this could, and should, have been easily addressed: I was surprised by the lack of value and pride the council appeared to put in maintaining the park that it provides for its residents at significant cost.”

Following the investigation, the Ombudsman revealed that the council has since removed the mattress.

A Kingston Council Spokesperson said: "We take our responsibility as a council very seriously and are committed to supporting our residents in preventing, clearing and prosecuting fly tipping in our borough. 

"Our fly tipping team aims to clear incidents within 24 hours once reported. We have also been one of the first councils to use technology and the ‘Internet of Things’ to protect our borough, with motion activated cameras that notify us when a fly tip may have occurred.

"More than this, the council’s policies, priorities and actions show that we are dedicated to protecting and improving Kingston’s public green spaces, parks, woodlands and riversides. These are vital for the physical and mental well-being of the borough's communities, and support habitats for the many species that also call Kingston home.

"Protecting our environment is everyone’s responsibility - councils, residents, businesses and our regulators. We accept the ruling, which was primarily one of defining roles and responsibilities between councils and the Environment Agency."

Lottie Winson