The Ombudsman's final decision
Summary: We will not investigate Ms B’s complaint about the Council not removing weeds from the roads and pavements in her local area. This is because the alleged fault has not caused Ms B a serious or significant injustice which would justify public money being spent on an investigation.
The complaint
Ms B complains the Council is failing to spray and remove weeds on the roads and pavements in the area where she lives. Ms B says the Council is clearly not doing the work it says it does and it makes the area unattractive.
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 an investigation if we decide: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
How I considered this complaint
I considered information provided by Ms B including a photograph in support of her complaint. I have viewed the area where Ms B lives on Google Streetview. These images are dated September 2023, which is when Ms B complained to the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has told Ms B the work its contractor does each year to remove weeds in the area where she lives. Ms B does not consider the Council’s contractor is doing this work.
I have considered whether we should start an investigation to consider this issue in more detail. But, I find an investigation is not justified.
We have limited resources and must focus our investigations on complaints where a person has suffered a serious or significant injustice as a result of fault by an organisation. This issue is of concern to Ms B. But, I find any injustice is not significant enough to justify public money being spent on an investigation by the Ombudsman.
The images I have seen show some weeds on kerbs and pavements. But, this is not uncommon in urban areas and I find this issue is not serious enough to justify the involvement of the Ombudsman.
Final decision
We will not investigate Ms B’s complaint because the alleged fault has not caused her a serious or significant injustice.
Investigator's decision on behalf of the Ombudsman