The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has not removed oil from the road outside the complainant’s home. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mrs X, says hydraulic oil leaked from the refuse van and left oil on the road outside her home. She says the Council has not taken action to remove the oil and is lying when it says staff tried to clean the road. Mrs X wants the Council to remove the oil.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes the complaint correspondence and case notes regarding the action taken. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.
My assessment
Mrs X says there was a leak of hydraulic oil from a refuse van in the road where she lives. She says the Council has failed to take any action and does not accept the Council visited to try to clean the spill. Mrs X says the Council attempted to clean the spill from a different road but has not taken any action in her road.
The Council says the spill was reported on 16 September and officers visited on the same day to lay absorbent crystals. Officers returned the next day to remove the crystals. The Council tried jet washing the road but had to stop because it was removing the sand that secures the paving.
The Council explained that health and safety regulations limit what chemicals it can use on the highway. The active material has been removed but some of the material leaked into the porous surface leaving a stain. The Council consulted the Highways Authority who said the Council had taken the correct steps and the stain would fade over time.
The Council explained to Mrs X the actions it had taken. A manager also spoke to her. The Council said it had checked the van for a leak but had concluded the spill was a mixture of paint and oil which had leaked from a resident’s bin.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council took action as soon as the spill was reported and the Highways Authority confirmed the action was appropriate. There may still be a stain but that is not due to fault by the Council, especially as it is limited in what chemicals it can use on a public road. I have seen tracking data and case notes which demonstrate the Council took action and there is no reason to doubt this. I also checked with the Council and it confirmed it did cleaning in both the roads Mrs X has referred to (her road and the other road). In addition, the Council updated Mrs X and checked the van. There is no suggestion of fault and nothing more I would have expected the Council to do.
Final decision
I will not start an investigation because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman