Summary: The Ombudsman will not investigate Ms B’s complaint that the Council has not been carrying out thorough scheduled cleans of the estate in which she lives. This is because the Council has now taken action to address the problem and an investigation by the Ombudsman would not achieve any useful outcome.

The complaint

1. The complainant, who I refer to as Ms B, says the Council has failed to carry out thorough scheduled cleans of her estate. Instead, limited cleans at the entrance of the estate have been undertaken, leaving accumulated rubbish and dog mess. She says this has impacted upon her amenity and the value of her property.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I spoke to Ms B and reviewed the information she and the Council provided. I gave Ms B the opportunity to comment on my draft decision.

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What I found

4. Ms B lives on an estate where four-weekly cleans are scheduled to take place. Ms B complained to the Council that, as in previous years, these cleans were not being carried out properly and that only the entrance to the estate was being cleaned.
5. The Council responded by advising that the four-weekly clean would be supplemented with a pathway clean on alternative weeks and that the cleans would be monitored by the supervisor.
6. Dissatisfied with the response, Ms B progressed her complaint to Stage 2 of the Council’s complaints procedure where a check was made that the scheduled cleans had been completed and the supervisor had visited the site to confirm this. The Council also advised Ms B that she could report problems at individual properties which it could then address.
7. Following the Stage 2 response, the Council arranged for officers to meet residents to hear their concerns. Ms B has confirmed that since this time the cleans now being undertaken have improved and there is less rubbish.
8. Ms B says she made a FoI request in connection with her complaint and that she did not receive a complete response to it from the Council.

Assessment

9. The Council addressed Ms B’s complaint by adding to the four-weekly scheduled clean and monitoring the work being undertaken. It followed this with a meeting with estate residents since which time the situation has improved. Were the Ombudsman to investigate the complaint its is unlikely we would achieve a different outcome.
10. We normally expect someone to refer data protection and FoI matters to the Information Commissioner and so if Ms B wants to pursue this matter, she can contact the ICO.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because the Council has now taken action to address the problem and an investigation by the Ombudsman would not achieve any useful outcome.

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Investigator's decision on behalf of the Ombudsman