The Ombudsman's final decision
Summary: We will not investigate this complaint about street cleaning carried out by the Council. This is because further investigation would not lead to a different outcome.
The complaint
The complainants, who I will call Mr X and Mr Z, complain about how the Council carries out street cleaning on a road outside his property where people urinate. Mr X and Mr Z wants the Council to resume cleaning on the road and to extend washing to other roads.
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 further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (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
I will not investigate Mr X and Mr Z’s complaint because further investigation would not lead to a different outcome. Whilst there was a period of around four weeks where washing didn’t take place, due to staff sickness and mechanical failure, the Council has demonstrated that regular cleaning resumed in early August and the schedule has largely been adhered to since.
Mr X and Mr Z would like the Council to make changes to its cleaning schedule and clean adjacent roads however it is for the Council and not the Ombudsman to decide upon cleaning schedules and we therefor cannot achieve this outcome. If the complainants’ are dissatisfied with the Council’s schedule of cleaning, they should raise this with their local councillor.
Final decision
We will not investigate Mr X and Mr Z’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman