The Ombudsman's final decision
Summary: We will not investigate this complaint about street cleaning in the complainant’s road. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.
The complaint
The complainant, Mrs X, complained about litter in her road and a lack of street cleaning. Mrs X said the Council picks litter from the opposite side of the road but regularly misses her side.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its response to Mrs X’s complaint the Council said it had asked for extra cleaning on both sides of the road to take place. Records showed Mrs X’s side of the road had been cleared every Monday. An Inspector had visited and found a few items of litter which they had dealt with.
I understand Mrs X’s frustrations. Litter is unsightly and annoying. I note Mrs X lives opposite a school which she says is the main source of the litter.
But we will not start an investigation into Mrs X’s complaint because there is not enough evidence the Council has acted with fault. It has considered her complaint and visited the site. It says litter is regularly cleared and that its records support this.
Unfortunately, it is not possible for a council to ensure all areas remain completely free of litter. If we investigated, it is unlikely we could add anything to the Council’s response.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman