The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not collecting grass cuttings. The complainant has not suffered sufficient personal injustice to warrant our involvement. Nor is it likely that further investigation would lead to a different outcome.
The complaint
The complainant, I shall call Mr X, complains about the way the Council maintains a grass verge near his home.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: any injustice is not significant enough to justify our involvement, or further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6))
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 wants the Council to collect the grass cuttings when it cuts the verge near his home. He says the cuttings can become slippery and can block drains which is a safety hazard, particularly for elderly people who use the footpath next to the verge.
The Council has inspected the site. It confirms it only collects cuttings from verges which support a range of wildflower species or rare plants.
It has agreed to ensure the path is swept following cutting in the coming year. it has also scheduled the path for resurfacing.
I accept that Mr X is not satisfied with the proposed action. However, the Council has explained its policy on verges. I do not consider an investigation by the Ombudsman would significantly add to that already carried out by the Council or lead to a different outcome.
Mr X also complains the Council failed to contact him direct preferably in person. The Council explained that because of the COVID-19 restrictions and staff resources it could not meet him in person. Also, as staff are working from home, it is often not possible to contact customers direct by telephone.
I understand Mr X would have preferred in-person contact. However, the Council has explained its reasons for not doing so and he has received detailed written responses. I therefore do not consider failure to contact him personally has cause a significant personal injustice which warrants our involvement.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome. And he has not suffered sufficient personal injustice to warrant our involvement.
Investigator's decision on behalf of the Ombudsman