Summary: We will not investigate Mr B’s complaint about the Council failing in its duty to clear litter by a dual carriageway. This is because the alleged fault has not caused Mr B a significant and personal injustice. And, the courts are in the best position to decide the matter.

The complaint

1. Mr B complains the Council is failing to meet its statutory duty to clear litter from a dual carriageway close to the village where he lives.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means 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.

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How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate this complaint.
7. I recognise Mr B is aggrieved by the amount of litter on land next to this dual carriageway. But, I find Mr B has not suffered serious harm, loss or distress as a result of the alleged fault by the Council. So, Mr B has not been caused a significant and personal injustice which would justify public money being spent on an investigation by the Ombudsman.
8. And, Mr B can apply to the magistrates court for a litter abatement order to be issued against the Council. The court is better placed to decide whether the Council has complied with its statutory duty to keep this land clear of litter.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr B’s complaint because he has not suffered a significant injustice and the courts are better placed to decide the issue complained about.

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Investigator's decision on behalf of the Ombudsman