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

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council cleans the road where he lives. Mr X says the number of visits to sweep the road and empty the bins is excessive and causes noise disturbances.

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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 we could add to any previous investigation by the Council.

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

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How I considered this complaint

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

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What I found

4. Mr X contacted the Council to complain about mechanical sweepers being used on the road where he lives outside of the permitted hours. The Council apologised to Mr X and said it would remind its crews that sweeping should not be carried out before 7am.
5. Mr X says he is now being harassed by staff from the company the Council uses for street cleaning. He says the crew visit his road an excessive number of times each week and regularly use the mechanical sweeper directly outside his home early in the morning. Mr X says this causes considerable noise disturbance.

Assessment

6. I will not investigate this complaint about how the Council is carrying out cleaning on the road where Mr X lives. This is because it is unlikely I would find fault by the Council. It is also unlikely an investigation by the Ombudsman could add to the Council’s response.
7. The Council has a duty under the Environmental Protection Act to ensure the highway or road is kept clean from litter. The Council is entitled to decide how it will meet this duty. The Council’s policy says it will manually sweep roads every four weeks, collect refuse three times a week, empty the dog waste bins in the summer and carry out an annual gully clean. In addition, the Council will respond to requests from the public about issues with the road, such as fly tipping, on an ad hoc basis.
8. I understand Mr X says the cleaning and collections have become excessive, but as the Council is cleaning the road in line with its policy it is unlikely I could find fault. The Council accepted there was one occasion where crews used the mechanical sweeper before 7am. However, it has apologised to Mr X and reminded crews of the permitted hours for sweeping. I am satisfied the Council has taken appropriate steps in this regard and it is unlikely an investigation by the Ombudsman could add to this.

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Final decision

9. We will not investigate this complaint. This is because we are unlikely to find fault and an investigation is unlikely to add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman