Summary: We will not investigate this complaint about the Council’s response to reports of street cleanliness, rodent infestation, and issues surrounding antisocial behaviour and drug-related activity. This is because there is insufficient evidence of fault in the Council’s actions, and Mr Y has not suffered significant personal injustice.

The complaint

1. Mr Y complains about the state of his local area. He says the conditions are worsening, and the area is filthy. Mr Y complains about street cleanliness, rodent infestation, and issues surrounding antisocial behaviour and drug-related activity within his local area.
2. Mr Y feels the Council have shown a lack of care and urgency to address these issues. He believes he should not have to pay his council tax, as the Council has failed to provide an adequate service to residents.

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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 not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• 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 Mr Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y complained to the Council about the conditions of his local area. In response to Mr Y’s concerns about street cleanliness and litter, the Council said its environmental services team had been informed and would address these issues.
7. In response to Mr Y’s concerns about drug-related activity and antisocial behaviour, the Council said it is working closely with police and community safety teams to address issues.
8. In response to Mr Y’s concerns about rodent infestation, the Council said its pest control team had been informed and would address these issues.
9. The Council also says it will continue to monitor these issues and respond to any further reports it receives.
10. We will not investigate this complaint for the following reasons:
• The Council explained it would address the issues raised, and I have seen evidence of action it has taken. There is insufficient evidence of fault, and we could add nothing further to the Council’s response.
• We will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. Whilst I acknowledge Mr Y is unhappy with the general state of his local area, there is also insufficient evidence of him suffering significant personal injustice.
• We will not normally investigate a complaint where the complainant is using their enquiry as a way of raising a wider community campaign about something of general concern, but where they have not suffered injustice.
• The Council had a right to refuse Mr Y’s request for a Council tax refund. Council tax is a mandatory statutory tax established by the ⁠Local Government Finance Act (1992) and regulated by the Council Tax (Administration and Enforcement) Regulations (1992). Council tax refunds and discounts are strictly tied to specific qualifying criteria. There is insufficient evidence of fault in the Council’s decision.
11. I understand Mr Y is seeking compensation from the Council. We do not recommend that Councils pay compensation. Sometimes we recommend that Councils pay a symbolic payment to remedy injustice caused by fault. However, where there is insufficient evidence of fault in the Council’s actions, we do not consider remedies.

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Final decision

12. We will not investigate Mr Y’s complaint because there is insufficient evidence of fault in the Council’s actions, and Mr Y has not suffered significant personal injustice to justify our involvement.

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Investigator's decision on behalf of the Ombudsman