The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s street cleaning. Further investigation will not lead to a different outcome.
The complaint
Mr X complained the Council failed to keep the streets in the area he lived clean. He said the problem was made worse by the Council’s waste collection crew, who he said created mess whilst collecting domestic waste. Mr X said he had made multiple reports to the Council to request it cleaned the streets, however, it had not taken meaningful action. He wants the Council to improve its street cleaning services.
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 or continue an investigation if we decide: further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint the Council had failed to keep the streets where he lives clean. The Council’s communication with Mr X confirms it: Issued warning letters to properties in the area reminding people about their responsibilities around waste presentation.
Monitored the situation and issued multiple Community Protection Notices (CPN).
Visited back lanes to complete a litter pick monthly.
Had a team that followed the waste collection crew to remove any debris left behind.
In response to the Ombudsman, the Council also confirmed it did a deep cleanse of the street every three years, however due to the width of the street this required parking restrictions. It also explained that following reports of waste or fly-tipping, the Council’s Neighbourhood Enforcement Team would visit the site first to try and establish liability. Following that, its street cleaning team would remove the litter.
The Council has taken steps to address the ongoing issue with waste. This includes both enforcement action through the CPN and removal of the waste. Further investigation by the Ombudsman will not lead to a different outcome.
Final decision
We will not investigate Mr x’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman