Summary: We will not investigate this complaint about the Council’s cleaning of Miss X’s locality. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Miss X complained that the quality of street cleaning in her area is poor.
2. Miss X said that she plans to move due to flytipping and litter in her area.
3. Miss X wants the Council to increase cleaning and litter patrol frequency.

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The Ombudsman’s role and powers

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

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has a process for dealing with litter and flytipping. The public can report incidents of litter and flytipping to the Council directly. For some areas the Council commissions cleaning services that clear waste on its behalf
8. Miss X has reported fly tipping to the Council several times. Miss X complained the frequency of cleaning was not effective as littering and flytipping was ongoing. Miss X said the Council should not rely on the public to report these issues; instead, it should increase litter patrol frequency and employ dedicated staff to target the issue.
9. The Council investigated and acknowledged there was a fly tipping problem. It has begun a community education programme to tackle the issue of flytipping. It also considered reviewing the frequency of visits to focus on areas where more cleaning is needed.
10. We will not investigate this complaint. The Council has no specific obligation to monitor the area for litter and flytipping. Additionally, it appears to be addressing litter and flytipping in line with its policy.
11. We will not investigate Miss X’s Complaint because there is not enough evidence of fault in the Council’s actions or decision making to justify an investigation.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman