Summary: The Ombudsman will not investigate this complaint about how the Council cleans the street where the complainant lives. This is because it is unlikely he will find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Ms X, has complained about the Council’s use of mechanical sweepers to clean the street where she lives. Ms X says the vehicles are dangerous and unnecessary.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

3. I have considered Ms X’s complaint and the Council’s response. I invited Ms X to comment on a draft of this decision.

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What I found

Environmental Protection Act 1990

4. The Council has a duty to ensure that the highway or road is kept clean from litter. However, this is not an absolute duty and section 89 of the Environmental Protection Act says councils should keep the road clean as far as it is practicable.

What happened

5. Ms X has lived at her current home for many years. Until recently there had been bins and cameras at the bus stops on the street to prevent fly tipping. These were removed and the Council started to use mechanical, driver operated vehicles to sweep the road.
6. Ms X has complained to the Council about the safety of the sweeper vehicles. She says they are unsuitable for a residential area and do not effectively clean the street. She would like the Council to start manually sweeping the road and says it should reinstall the bins and cameras.

Assessment

7. I will not investigate this complaint about the Council’s decision to use mechanical road sweepers on the street where Ms X lives. This is as it is unlikely I would find fault by the Council.
8. The Council is entitled to decide how it cleans the road to meet its duty under the Environmental Protection Act. I understand Ms X has raised concerns about the safety of the sweeper vehicles. But the Council carried out a risk assessment to assess any potential hazards before it started to use the vehicles. The assessment is reviewed each year and staff are required to follow all parts of it when operating the vehicles. As the Council properly considered if the mechanical sweepers were appropriate for the road where Ms X lives, it is unlikely I could find fault.
9. The Council has accepted that the evidence provided by Ms X shows one occasion where the vehicle was being driven too fast. However, it spoke to the staff member involved and reminded them of the expectations when operating the sweepers. I am satisfied the Council took appropriate steps in this regard and it is unlikely an investigation by the Ombudsman could add to this.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because he is unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman