Summary: Mr X complains about the Council’s failure to sweep the streets in his area. We will not investigate this complaint because an investigation is unlikely to lead to a different outcome and there are insufficient grounds to warrant a formal investigation.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has not swept the streets in his area for a number of years. This has led to vegetation growth in the gutters which will now be more costly to remove.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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:

• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• 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)

3. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Mr X and the Council. I gave Mr X the opportunity to comment on my draft decision and considered what he said.

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What I found

5. Having first raised a complaint in 2018, in 2020 Mr X complained again to the Council about its failure to sweep the streets in his area and said that as it had not done so for a number of years this had led to vegetation growth in some places of over one foot high.
6. In September 2020 the Council confirmed it would respond to his complaint which it did in December when we made an enquiry about the matter. The Council apologised to Mr X for its delay in replying and said this had been due to staff changes. It explained it, along with other councils, had to prioritise its spending and that this had become particularly difficult during the pandemic. However, it confirmed it was drawing up a new sweeping schedule which it would implement in 2021 after the end of the winter gritting season.

Assessment

7. While I note Mr X has been frustrated by the lack of street sweeping in his area, and that the Council delayed in responding to his complaint, I do not consider there are grounds sufficient to warrant a formal investigation or that an investigation would lead to a different outcome.
8. In responding to my draft decision Mr X says the whole of the Council area is affected by the lack of road sweeping and that he, like all residents, is paying for a service he is not getting. However, this is a matter which is covered by the restriction highlighted at paragraph 3 of this statement and will not be pursued.

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Final decision

9. We will not investigate this complaint. This is because an investigation is unlikely to lead to a different outcome and there are insufficient grounds to warrant a formal investigation.

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Investigator's decision on behalf of the Ombudsman