Summary: We will not investigate this complaint about cleanliness of an alleyway behind Mr Y’s home. This is because there is not enough significant injustice to justify our investigation.

The complaint

1. Mr Y complains the Council is failing to keep an alleyway behind his home clean. Mr Y says he uses the alleyway as a short cut to and from the local train station, but often finds his shoes are unclean after he uses the alleyway.

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The Ombudsman’s role and powers

2. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered the information the Council and Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. Mr Y’s property has access to an alleyway at the back of his property. He uses it as a short cut but complains the alleyway is often dirty with leaf debris, mud and dog waste. Mr Y says he has to regularly clean his shoes after using the alleyway as a result. He complained to the Council in March 2021 and asked it to clean the alleyway.
5. The Council initially did not respond, so Mr Y contacted them again in July. It responded in October, saying it had cut back overhanging bushed, removed rubbish from the site and had included the area in its regular weekly sweep. It said it would continue to monitor the work done in cleansing the area. Mr Y then asked us to investigate.

Analysis

6. While Mr Y may find the alleyway unpleasant and may need to clean his shoes more often when using it, he has confirmed that he uses the alleyway as a shortcut. He therefore has an alternative route he can take if he wishes. Consequently, although Mr Y may want the Council to regularly clean the alleyway, the injustice caused by the complaint is not significant enough to warrant an investigation. Therefore, we will not investigate this complaint.

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Final decision

7. We will not investigate Mr Y’s complaint because there is not enough significant injustice to justify our investigation.

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Investigator's decision on behalf of the Ombudsman