Summary: We will not investigate this complaint about the Councils street cleansing vehicles. There is no worthwhile outcome achievable by our involvement.

The complaint

1. Mr X complained about Council street cleansing vehicles operating outside his property early in the morning.
2. Mr X said this impacted on his family’s ability to sleep.

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The Ombudsman’s role and powers

3. 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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the Environmental Protection Act 1990.

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My assessment

7. Mr X complained about Council cleansing vehicles operating outside his property early in the morning. Mr X said this led to him and his family being woken up, impacting on their ability to sleep.
8. In its complaint response, the Council told Mr X it had reviewed its historic and current cleansing arrangements for his street. It told him while it had considered alternative solutions, it was most efficient for it to cleanse the street in the morning.
9. However, it told Mr X it would ensure future cleansing would not happen before 7AM, to ensure minimal disruption to Mr X and his family.
10. While Mr X has reported occasions of the Council vehicles operating before 7AM since then, the Council provided apologies for this. It also said it had reminded staff of the agreement not to enter Mr X’s street until after 7AM.
11. I consider the Council’s actions here to be appropriate, balancing residents needs with its statutory duties.
12. In any case we could not direct the Council on how it should approach its duties here, in the manner Mr X is hoping for. Therefore, there is no worthwhile outcome of us carrying out an investigation and we will not investigate this complaint.

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Final decision

13. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our involvement.

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Investigator's decision on behalf of the Ombudsman